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THE 

REPRESENTATION 


OF 


THE   PEOPLE  ACT,   1918 


WITH 

EXPLANATORY  NOTES. 


BY 

SIR   HUGH    FRASER,    LL.D., 

A  BENCHER   OF  THE   INNER  TEMPLE  ; 
AUTHOR  OF   "  THE  LAW  OP  PARLIAMENTARY  ELECTIONS  AND  ELECTION  PETITIONS." 


LONDON : 

SWEET  AND   MAXWELL,  LIMITED, 
3,  CHANCERY  LANE,  W.C.  2. 

1918. 


PREFACE. 


IN  this  book  the  whole  of  the  Representation 
of  the  People  Act,  1918,  is  set  out  verbatim. 
The  provisions  of  the  sections  are  fully  dealt 
with  in  the  explanatory  Notes  which  follow  them. 
The  various  parts  of  the  sections  commented  on 
and  explained  in  the  Notes  are  printed  in  promi- 
nent type  so  that  the  reader  may  have  no 
difficulty  in  finding  in  the  Note  to  a  particular 
section  that  part  of  the  section  in  regard  to  which 
he  wishes  for  guidance. 

In  some  of  the  more  important  sections,  par- 
ticularly in  Part  I.,  which  deals  with  "  Fran- 
chises," it  has  been  thought  more  convenient 
and  helpful  to  the  reader  to  deal  with  the 
subject  in  the  form  of  propositions  which  state 
shortly  the  requirements  of  the  section  dealt 
with.  Questions  of  difficulty  will  undoubtedly 
arise  as  to  the  interpretation  of  the  language  of 
some  of  the  sections,  and  it  has  been  thought 
advisable  and  indeed  necessary  to  refer  to  the 
decisions  of  the  Courts  as  to  the  meaning  of 

a  (2) 

414967 


IV  PREFACE. 

similar  language  in  former  statutes  relating  to 
the  franchise,  although  such  statutes  are  now 
repealed. 

It  has  been  thought  useful  to  deal  in  some 
detail  with  the  method  and  costs  of  elections  and 
with  corrupt  and  illegal  practices,  all  of  which 
subjects  are  to  a  greater  or  less  extent  affected 
by  the  present  Act. 

Appended  to  the  Registration  Rules  will  be 
found  footnotes  where  it  was  thought  that  such 
footnotes  would  be  useful,  and  in  writing  the 
Notes  to  the  sections  of  the  Act  the  Author  has 
endeavoured  to  keep  in  view  the  duties  and 
difficulties  of  the  registration  officer. 

In  the  Introduction  will  be  found  a  short 
survey  of  the  progressive  reforms  in  Parlia- 
mentary representation  introduced  by  and  since 
the  Reform  Act,  1832,  together  with  a  summary 
of  the  far-reaching  changes  introduced  by  the 
present  Act. 

The  Appendices  contain,  in  addition  to  the 
County  Court  Rules,  Supreme  Court  Rules,  and 
Statutes  bearing  on  the  subject,  the  Orders  in 
Council  made  under  the  Act,  and  Directions  of 
the  Local  Government  Board  to  registration 
officers,  so  far  as  such  Orders  and  Directions 
were  available  up  to  the  time  of  going  to  press, 
and  it  has  been  thought  desirable,  as  a  matter 


PREFACE.  V 

of   historical  interest,   to  include  the  Report  of 
the  Speaker's  Conference. 

I  wish  to  acknowledge  my  indebtedness  to  my 
learned  friend,  Mr.  ALEXANDER  P.  FAOHIRI, 
Barrister-at-Law,  for  most  valuable  assistance  in 
the  preparation  of  the  work  and  for  many  useful 
suggestions.  I  have  also  to  thank  Mr.  H.  F. 
OLDMAN  for  his  kindness  in  reading  through  the 
proofs  as  they  were  passing  through  the  press, 
and  for  giving  rne  the  benefit  of  his  wide  practical 
experience  of  the  subjects  dealt  with  in  this  book, 
and  particularly  of  registration. 

H.  F. 

1,  BRICK  COURT,  TEMPLE,  E.G. 
4th  July,  1918. 


(     vii     ) 


CONTENTS. 


PAGE 

TABLE  OF  OASES xi 

LIST  OF  ABBREVIATIONS  xix 

INTRODUCTION .  xxiii 


PAET  I. 

FRANCHISES. 
SECTION 

1.  Parliamentary  franchises   (men) 1 

2.  University  franchise  (men)  37 

3.  Local  Government  franchise  (men)  40 

4.  Franchises  (women) 63 

5.  Special  provisions  for  persons  serving  on  war' service. ..  76 

6.  Qualifying  period  94 

7 .  Supplemental  provisions  as  to  residence  and  occupation  .  98 

8.  Eight  of  person  registered  to  vote  100 

9.  Provisions  as  to  disqualifications  112 

10.  Provision   as  to  qualification  of  councillor   123 


PAET  II. 

EEGISTRATION. 

11.  Spring  and  autumn  registers  125 

12.  Eegistration  officers  and  areas  130 

13.  Eegistration  duties  ._ 133 

14.  Appeals  134 

15.  Expenses   of  registration  139 

16.  Special  provisions  with  respect  to  urban  districts  and 
London  145 

17.  Special  provision  as  to  registration  of  freemen,  &c....  147 

18.  Compensation  to  existing  officers  148 

19.  Eegister  for  university  constituencies  153 


CONTENTS. 


PART  III. 

METHOD  AND  COSTS  OF  ELECTIONS. 
SECTION  PAGE 

20.  Proportional  representation  in  certain  university  con- 
stituencies, and  certain  other  constituencies,  if  scheme 

for  selection  is  approved  ..........................................  155 

21.  Polls  to  be  held  on  one  day  at  a  general  election,  &c....  161 

22.  Penalty  for  voting  at  a  general  election  in  more  con- 
stituencies than  allowed  .............................................  164 

23.  Voting  by   absent  voters   ..........................................  172 

24.  Voting  by  persons  in  the  employment    of    returning 
officers  ......................................................................  203 

25.  Eight  to  the  use  of  elementary  schools  .....................  204 

26.  Deposit  by  candidates  at  parliamentary  elections  ......  207 

27.  Forfeiture  of  deposit  in   certain  cases   .....................  208 

28.  Returning  officers  ......................................................  211 

29.  Payment  of  returning  officers'  expenses  by  Treasury...  214 

30.  Discharge  of  returning  officers'   duties  by   an   acting 
returning  officer  ........................................  .  ...............  ,  217 

31.  Division  of  constituency  into  polling  districts,  and  ap- 
pointment of  polling  places  .......................................  220 

32.  Place  of  election  ......................................................  223 

33.  Scale  of  election  expenses   .......................................  223 

34.  Expenses   incurred  by  unauthorised  persons  ............  269 

35.  Certain  Acts  to  have  permanent  effect  .....................  278 

36.  Conduct  of  elections  for  university  constituencies  ......  279 


PART  IV. 

REDISTRIBUTION  OF  SEATS. 
37.  Redistribution  of  seats  ..  282 


PART  V. 
GENERAL. 

38.  Punishment  of  offences  committed  outside  the  United 
Kingdom  283 

39.  Re-arrangement  of  polling  districts  to  suit  new  con- 
stituencies       303 

40.  Regulations  to  be  laid  before  Parliament  304 

41.  Interpretation  305 


CONTENTS.  IX 
PART  V. — continued. 

SECTION  PAGE 

42.  Adaptation  of  Acts  308 

43.  Application  to  Scotland  309 

44.  Application  to  Ireland 326 

45.  Application  of  Act  to  the  Isles  of  Scilly 335 

46.  Commencement  of  Act  and  first  register  336 

47.  Repeal  and  short  title  337 


SCHEDULES. 

."First  Schedule — Registration  Rules  339 

Second  Schedule— Modifications   of    the    Ballot   Act,  1872 

(First  Schedule)   357 

Third  Schedule — Provisions  as  to  Voting  by  Proxy  359 

Eourth  Schedule — Provisions  to  be  substituted  for  Part  IV. 
of  the  Eirst  Schedule  to  the  Corrupt  Practices  Act, 
1883,  and  for  paragraph  (3)  of  Part  V.  of  the  same 

Schedule  363 

Fifth  Schedule — Part  I. — Provisions  as  to  University  Elec- 
tions other  than  Scottish  University  Elections  364 

Part    II. — Provisions     as     to     Scottish     University 

Elections   373 

Sixth   Schedule—Adaptation  of  Acts   386 

Seventh  Schedule — Returning  Officers  for  Scottish  Con- 
stituencies situated  in  more  than  one  SherifEdom  391 

Eighth  Schedule — Enactments  Repealed  391 

Ninth  Schedule — Redistribution  of  Seats  .  403 


Appendix    I. — Orders    in    Council,    Directions    of    Local 

Government  Board,  &c 555 

Appendix  II. — County    Court    Rules    and    Eules    of    the 

Supreme  Court  636 

Appendix  III. — Statutes 672 

Appendix  IV.— Draft  Rules  as  to  Proportional  Representa- 
tion       718 

Appendix  V. — Report  of  the  Speaker's  Conference  737 

Appendix  VI.  (Supplementary  to  Appendix  I.)— Additional 

Orders  in  Council 747 


INDEX. 


XI 


TABLE  OF  CASES. 


ief  facts  of  the  case  are  set  out  on  the  pages  in  the  text 
which  in  this  table  are  in  heavy  type,'] 


PAGE 

Adams  v.  Ford  (1885),  16  Q.  B.  D.  239;  55  L.  J.  Q.  B.  13; 

49  J.  P.  711;  53  L.  T.  666;  34  W.  E.  64;  Colt.  403...  54 
Aitchison  v.  Lothian  (1890),  18  Ct.  of  Sess.  Oases  (4tli 

Series),  337 55 

Allan  v.  Liverpool:  Inman  v.  Kirkdale  (1874),  L.  E.  9  Q.  B. 

180;  43  L.  J.  M.  0.  69;  30  L.  T.  93;  22  W.  E.  330...  58 
Allchurch  v.  Hendon  Union,  (1891)  2  Q.  B.  436;  61  L.  J. 

M.  0.  27,  65,  450;  40  W.  E.  86  21,  51 

Anekeiill  v.  Baylis  (1882),  10  Q.  B.  D.  577;  52  L.  J.  Q.  B. 

HJ4;  48  L.  T.  342;  31  W.  E.  233;  Colt.  289;   S.  0., 

sub  nom.  Ancketill  v.  Roberts,  46  J.  P.  791  58 


Banbury  (1797),  Heywood,  318 , 5 

Barlow  v.  Smith  (1892),  Fox  &  S.  293 11 

Barnett  v.  Hickmott,  (1895)  1  Q.  B.  691;  64  L.  J.  Q.  B. 

407;  72  L.  T.  236;  43  W.  E.  284;  Eox  &  S.  412  52 

Barrow-in-Furness  (1886),  4  0.  &  H.  76 238,  241,  263 

Beal  v.  Ford  (1877),  3  C.  P.  D.  73;  42  J.  P.  119;  47  L.  J. 

0.  P.  56;  37  L.  T.  408;  26  W.  E.  146;  2  Hop.  &  C, 

374  12 

Beal  v.  Town  Clerk  of  Exeter  (1887),  20  Q.  B.  D.  300;  57 

L.  J.  Q.  B.  128;  58  L.  T.  407;  36  W.  E.  507;  Scott 

Fox,  31  15 

Beauchamp  (Earl  of)  v.  Overseers  of  Madresfield  (1872), 

L.  E.  8  0.  P.  245;   37  J.  P.  39;   42  L.  J.  C.  P.  32; 

27  L.  T.  606;  21  W.  E.  124;  2  Hop.  &  C.  41  5,42,68 

Bedford  (1833),  0.  &  E.  98  5 

Bedfordshire  (1785),  Burgess's  Case,  2  Lud.  E.  C.  567  ...  5 
Berwick-on-Tweed  (1880),  3  O.  &  H.  219  197 


Xll  TABLE  OF  CASES. 

PAGB 

Bond  v.  Overseers  of  St.  George's,  Hanover  Square  (1870), 
L.  E.  6  0.  P.  312;  35  J.  P.  88;  40  L.  J.  C.  P.  47;  23 
L.  T.  494;  19  W.  E.  101;  Hop.  &  0.  427 14 

Boon  v.  Howard  (1874),  L.  E.  9  0.  P.  277;  38  J.  P.  678; 
43  L.  J.  C.  P.  115;  30  L.  T.  382;  22  W.  E.  535;  2 
Hop.  &  C.  208  21,  50 

Bowden  v.  Besley  (1888),  21  Q.  B.  D.  309;  59  L.  T.  219;  57 

L.  J.  Q.  B.  473;  36  W.  E.  889;  52  J.  P.  536  266 

Bridgwater  (1803),  1  Peck,  108  : 5 

Bristol  (Marquis  of)  v.  Beck  (1907),  96  L.  T.  55;  71  J.  P. 

99;  23  T.  L.  E.  224  5 

British  Industry  Life  Assurance  Co.  v.  Ward  (1856),  17 

C.  B.  644 138 

Buckrose  (1.886),  4  O.  &  H.  110 191,  193 

Burgoyne  v.  Collins,  8  Q.  B.  D.  450;  51  L.  J.  Q.  B.  335;  30 

W.  E.  923;  46  J.  P.  390  266 

Campbell  v.  Morris  (1895),  23  Ct.  of  Sess.  Gas.  (4th  Series) 

118 52 

Cawley  v.  Furnell  (1851),  12  C.  B.  291;  20  L.  J.  0.  P. 

197;  15  Jur.  908  138 

Chorlton  v.  Lings  (1868),  L.  E.  4  0.  P.  374;  32  J.  P.  824; 

38  L.  J.  C.  P.  25;    19  L.  T.  534;   17  W.  E.  284;   1 

Hop.  &C.  1 68 

Oirencester  (1893),  4  O.  &  H.  196  187,  195 

Clutterbuck  v.  Taylor,  (1896)  1  Q.  B.  395;  60  J.  P.  278;  65 

L.  J.   Q.  B/314;   74  L.  T.   177;   44  W.  E.  531;    12 

T.  L.  E.  235;  1  Smith  Eeg.  59,  61  53 

Oockermouth  (1901),  5  0.  &  H.  156 262,  274 

Cox  v.  Davies,  (1898)  2  Q.  B.  202;  67  L.  J.  Q.  B.  95;  14 

T.  L.  E.  427 • 266 

Cook  v.  Humber  (1861),  11  C.  B.  (N.  S.)  40;  31  L.  J.  0.  P. 

73;  5  L.  T.  838;  10  W.  E.  427;  8  Jur.  (N.  S.)  698; 

K.  &  G.  413  16,  17,  18,  19,  20,  21,  22,  25, 

37,  46,  49,  51,  59 
Cook  v.  Butler  (1872),  L.  E.  8  C.  P.  256;  37  J.  P.  133; 

42  L.  J.   C.   P.   25;    27  L.   T.   548;    21   W.  E.   73;  2 

Hop.  &  C.  22  30 

Gory  v.  Bristow  (1877),  2  App.  Gas.  27;  46  L.  J.  M.  0. 

273;  36  L.  T.  595;  25  W.  E.  283 58 

Cuthbertson  v.  Parsons  (1852),  12  0.  B.  304;  21  L.  J.  C.  P. 

165;   16  Jur.  360  138 


TABLE  OF  CASES.  Xlll 

PAGE 

Daniel  v.  Coulsting  (1845),  7  M.  &  G.  122;  14  L.  J.  C.  P. 

70;  8  Sco.  N.  E.  949;  9  Jur.  258;  1  Lut.  E.  0.  230; 

Bar.  &  Arn.  380  2£ 

Dodds  v.  South  Shields  Union,  (1895)  2  Q.  B.  133;  64  L.  J. 

Q.  B.  508;  72  L.  T.  645;  59  J.  P.  452;  43  W.  E.  572; 

14E.  422 31 

Donoghue  v.  Brook  (1887),  57  L,  J.  Q.  B.  122;  58  L.  T. 

411;  Scott  Fox,  100 56 

Douglas  v.  Smith,  (1907)  1  K.  B.  126;  23  T.  L.  E.  612  ...  59 
Dover  v.  Prosser,  (1904)  1  K.  B.  84;  68  J.  B.  37;  73  L.J. 

K.  B.  13;  89  L,  T.  724;  52  W.  E.  140;  1  Smith  Eeg. 

313  55 

Downing  v.  Luckett  (1847),  5  0.  B.  40;  17  L.  J.  C.  P. 

31;  10  L.  T.  (0.  S.)  264;  11  Jur.  993;   2  Lut.  E.  C. 

33  2T 

Duffy  v.  Chambers  (1889),  L,  E.  Ir.  100  56 

% 

Bast  Dorset  (1910),  6  O.  &  H.  39  242,  249,  273,  27T 

Elgin  &  Nairn  (1895),  5  0.  &  H.  13  234,  243,  244,  248 

Exeter  (1911),  6  O.  &  H.  232  186,  194,  198 

Falconer  v.  Dunlop  (1890),  W.  N.  (1897)  124;  18  Ct.  of 

Sess.  Oas.  (4th  Series)  342  14 

Furguson  v.  Black  (1889),  26  L.  E.  Ir.  100 56 

Finsbury  (1892),  4  O.  &  H.  176  239 

Ford  v.  Barnes  (1885),  16  Q.  B.  D.  257;  55  L.  J.  Q.  B. 

25;  Colt.  397  56 

Ford  v.  Drew  (1879),  5  0.  P.  D.  59;  44  J.  P.  58;  49  L.  J. 

0.  P.  172;  41  L,  T.  478;  28  W.  E.  137;  1  Colt.  1 15 

Ford  v.  Hart  (1873),  L.  E.  9  0.  P.  273;  38  J.  P.  216; 
43  L,  J.  C.  P.  24;  29  L.  T.  685;  22  W.  E.  159;  2 
Hop.  &  0.  167  15 

Ford  v.  Pye  (1873),  L.  E.  9  0.  P.  269;  38  J.  P.  136;  43 
L.  J.  0.  P.  21;  29  L.  T.  684;  22  W.  E.  159;  2 
Hop.  &  0.  157  15 

Gledhill  v.  Orowther  (1889),  23  Q.  B.  D.  136;   58  L.  J. 

Q.  B.  327;  60  L.  T.  866;  53  J.  P.  677  267 

Great  Northern  Eailway  Co.  v,  "Eimel  (1856),  18  0.  B. 

575 138 

Great  Yarmouth  (1906),  5  0.  &  H.  193 249,  253,  254,  273 


XIV  TABLE  OF  CASKS. 

PAGE 

Haggerston  (1893),  5  O.  &  H.  72 250 

Harford  v.  Linskey,  (1899)  1  Q.  B.  852;  58  L.  J.  Q.  B. 

599;  80  L.  T.  417;  63  J.  P.  263;  15  T.  L.  E.  306 269 

Harmon  v.  Park  (1881),  7  Q.  B.  D.  769;  50  L.  J.  Q.  B. 

725;  45  L.  T.  174;  45  J.  P.  174  266 

Harris  v.  Amery  (1865),  L.  B,  1  0.  P.  148;  35  L.  J.  0.  P. 

89;   13  L.  T.   (N.  S.)   504;    14  W.  E.   199;   12  Jur. 

(N.  S.)  165;  Hop.  &  Ph.  294 35,  57 

Haswell  v.  Stewart  (1874),  1  Ct,  of  Sess.  Oas.  925,  231  ...  190 
Hayward  v.  Scott  (1879),  5  C.  P.  D.  231;  44  J.  P.  122; 

49  L.  J.  0.  P.  167;  28  W.  E.  988;  1  Oolt.  76  4 

Heath  v.  Haynes  (1857),  3  0.  P.  (N.  S.)  389;  27  L.  J. 

C.  P.  50;   30  L.  T.  (0.  S.)  134;   6  W.  E.  52;   4  Jur. 

(N.  S.)  664;  K.  &  Gk  99  47 

Henrette  v.  Booth  (1863),  15  0.  B.  (N.  S.)  500;  28  J.  P. 

120;  33  L.  J.  0,  P.  61;  9  L.  T.  392;  12  W.  E.  173; 

9  Jur.  (N.  S.)  1293;  Hop.  &  Ph.  23  ...17,  18,  22,  49,  51 
Holland  v.  Chambers,  Devine's  Case,  (1894)  2  I.  E.  442... 28,  46 
Holland  v.  Chambers,  John  Doherty's  Case,  (1894)  2  I.  E. 

285 47 

Howes  v.  Turner  (1876),  1  0.  P.  D.  670;  45  L.  J.  0.  P. 

550;    35  L,    T.   58   269 

Inman  v.   Kirkdale   (1874),  L.    E.    Q.   B.    180;    43  L.   J. 

M.  C.  69;  30  L.  T.  93;  22  W.  E.  330  58 

Ipswich  (1886),  4  0.  &  H.  74 241 

Isaacson  v.  Durant  (1886),  17  Q.  B.  D.  54;  55  L.  J.  Q.  B. 

331;   54  L.  T.  684;   34  W.  E.  527  5 

.Jones  v.  Pritchard  (1868),  L.  E.  4  C.  P.  414;  33  J.  P. 
118;  38  L.  J.  C.  P.  67;  19  L.  T.  563;  17  W.  E.  175; 
1  Hop.  &  C.  91  57 

Keith  v.  Twentieth  Century  Club  (1904),  90  L.  T.   775  ...       58 

Kennington  (1886),  4  0.  &  H.  93  258 

Kontr.  Fittall  (No.  1),  (1906)  1  K.  B.  60;  69  J.  P.  428; 
75  L.  J.  K.  B.  310;  94  L.  T.  76;  54  W.  E.  225;  1 
Smith  Eog.  417  54,  58..  59,  70 

Lancaster  (1896),  5  O.  &  H.  45  247 

Law  Exporting  Council,   Re  (1888),  22  Q.   B.  D.   291  ...       35 


TABLE  OF  CASES.  XV 

PAGE 

Lichfield  (1895),  5  O.  &  H.  28  236,  246,  259 

Londonderry   (1886),  4  0.   &  H.   96  4 

M'Quade  v.  Charlton,  (1904)  2  I.  E.  383 53 

Mackay  v.  McGhiire,  (1891)  1  Q.  B.  250;  55  J.  P.  214;  60 

L.   J.   Q.    B.   24;    64   L.    T.    83;    39  W.   B.    109;    7 

T.  L.  R.  55;  Fox,  201  48 

Maidstone  (1906),  5  O.  &  H.  200  273 

Middlesex  (1804),  Seaman's  Case,  2  Peck.  118  5 

Mersey  Docks  v.  Liverpool  (1873),  L.  R.  9  Q.  B.  84; 

43  L,  J.  M.  0.  33;  29  L.  T.  454;  22  W.  B.  184 31 

Monks  v.  Dykes  (1839),  4  M.  &  W.  567  59 

Monks  v.  Jackson  (1876),  1  0.  P.  D.  683;  46  L.  J.  0.  P. 

162;  35  L.  T.  95 266,  269 

Morish  v.  Harris  (1865),  L.  B.  1  0.  P.  155;  14  W.  B. 

479;  12  Jur.  (N.  S.)  627;  S.  0.,  sub  nom.  Norris  v. 

Harris,  35  L.  J.  0.   P.   101;   13  L.  T.   762;   Hop.  & 

Ph.  305 27 

Naif  v.  Mutter  (1862),  31  L.  J.  0.  P.  359  11 

Norwich  (1886),  4  0.  &  H.  85  249,  252 

Oakhampton  (1791),  1  Eraser,  162  5 

Pembroke  (1901),  5  0.  &  H.  144  106,  107 

Penryn  (1869),  1  0.  &  H.  132 257 

Phillips  v.  Goff  (1886),  17  Q.  B.  D.  814;  55  L.  J.  Q.  B. 

512;  50  J.  P.  614  187 

Piercy  v.  Maclean  (1870),  L.  B.  5  0.  P.  252;  34  J.  P.  • 

311;  39  L.  J.  0.  P.  115;  22  T.  L.  B.  213;  18  W.  B. 

732;  1  Hop.  &  0.  371 27 

Pontardawe  Rural  District  Council  Election  Petition, 

(1907)  2  K.  B.  313;  76  L.  J.  K.  B.  702;  71  J.  P.  371; 

23  T.  L.  B.  538;  5  L.  G.  B.  1060  197 

Pontefract  (1895),  Day's  Election  Oases,  129  237 

Powell  v,  Boraston  (1865),  18  C.  B.  (N.  S.)  175;  29  J.  P. 

550;  34  L.  J.  C.  P.  73;  11  L.  T.  734;  13  W.  B.  465; 

11  Jur.  (N.  S.)  160;  Hop.  &  Ph.  179  48 

Powell  v.  Fanner  (1865),  18  C.  B.  (N.  S.)  71;  29  J.  P. 

536;  34  L.  J.  0.  P.  71;  11  L.  T.  736;  13  W.  B.  467; 

11  Jur.  (N.  S.)  162;  Hop.  &  Ph.  172  27 


XVI  TABLE  OF  CASES. 

PAGE 

Powell  v.  Guest  (1865),  11   C.   B.   (N.   S.)   72;   29  J.  P. 

424;  34  L.  J.  C.  P.  69;  11  L.  T.  599;  13  W.  E.  274; 

10  Jur.  (N.  S.)  1238;  Hop.  &  Ph.  149  13,  15 

Pritchard  v.  Mayor  of  Bangor   (1888),  13  A.   C.   241;   57 

L.  J.  Q.  B.  313;  58  L,  T.  502;  52  J.  P.  564;  37  W.  E. 

103   (H.  L.)   269 

Eeg.    v.    Exeter     (Mayor    of),     Dipstale's     Case     (1868), 

L.  E.  4  Q.  B.  114;  33  J.  P.  39;  19  L.  T.  432 11,12 

Eeg.  v.  Exeter  (Mayor  of),  Wescombe's  Case  (1868), 

L.  E.  4  Q.  B.  110;  19  L,  T.  397  11,  12 

Eeg.  v.  School  Board  for  London  (1886),  17  Q.  B.  D.  740...  33 
Eeg.  v.  St.  Pancras  (Assessment  Committee)  (1877),  2 

Q.  B.  D.  581;  46  L.  J.  M.  0.  243;  37  L.  T.  126;   25 

W.  E.  827  26 

Eeg.  v,  Southampton  Docks  (1851),  17  Q.  B.  83;  20  L.  J. 

M.  0.  155 32 

Eendlesham  (Lord)  v.  Haward  (1873),  L.  E.  9  C.  P.  252; 

43  L.  J.  C.  P.  33;  22  W.  E.  157;  2  Hop.  &  C.  175; 

S.C.,  sub  nom.  Eendlesham  (Lord)  v.  Tabor,  29  L.  T. 

679  5 

Eex  v.  The  Inhabitants  of  St.  Nicholas  (1833),  5  B.  &  Ad. 

226 25 

Eochester  (1892),  4  0.  &  H.  158  259,  272,  277 

Eochester  (1892),  Day's  Election  Oases,  102  -. 24O 

Eogers  v.  Harvey  (1858),  5  C.  B.  N.  S.  3;  28  L.  J.  C.  P. 

17;  32  L.  T.  (O.  S.)  106;  7  W.  E.  17;  5  Jur.  (N.  S.) 

199;   K.  &  G.   169  47 

St.  George's  (1895),  5  O.  &  H.  114  255 

Smith  v.  Anderson  (1880),  15  C.  D.  247;  50  L,  J.  Ch. 

39;  43  L.  T.  329;  29  W.  E.  21  34,  36 

Spittal  v.  Brook  (1887),  18  Q.  B.  D.  426;  56  L.  J.  Q.  B. 

48;  35  W.  E.  520;  Scott  Pox,  22  56 

Stepney  (Borough)  (1892),  Day's  Election  Cases,  119  240, 

257,  261 

Stepney  Division  (1886),  4  O.  &  H.  33 188,  189,  192,  193, 

195,  238, 263 
Stowe  v.  Joliffe  (1874),  L.  E.  9  C.  P.  734;  43  L.  J.  C.  P. 

265;  30  L.  T.  795;  22  W.  E.  911  4,  5,  104 

Strachan  v.  Binnie  (1888),  15  Ct.  of  Sess.  Cas.  308  28,  46 

Stribling  v.  Halse  (1885),  16  Q.  B.  D.  246;  55  L.  J.  Q.  B. 

15;  54  L.  T.  568;  Colt.  409  53 


TABLE  OF  CASES.  XVII 

PAGE 

Tanner  i>.  Carter  (1885),  16  Q.  B.  D.  231;  55  L.  J.  Q.  B. 

27;  53  I/.  T.  663;  34WJE.  41;  Oolt.  435 13 

Taylor  v.  Oaldwell  (1863),  3^  B.  &  S.  826  58 

Taylor  v.  Overseers  of  St.  Mary  Abbotts,  Kensington  (1870), 

L.  E.  6  C.  P.  309;   35  J.  P.  39;  40  L,  J.  C.  P.  45; 

23  L.  T.  493;  19  W.  E.  100;  1  Hop.  &  C.  421  14 

Thompson  t>.  Ward  (1871),  L.  E.  6  0.  P.  327;  35  J.  P.  582; 

40  L.  J.  C.  P.  169;  24  L.  T.  679;  1  Hop.  &  C.  530  ...50,  51 

Walsall  (1892),  4  O.  &  H.  125 246,  248 

Watkins  v.  Milton,  &c.  Overseers  (1868),  L.  E.  3  Q.  B. 

356;  37  L.  J.  M.  C.  73;  18  L.  T.  601;  16  W.  E.  1059...  58 
Watson  v.  Cotton  (1847),  5  C.  B.  51;  17  L.  J.  C.  P.  68;  11 

Jur.  1106;  2  Lut.  E.  0.  53  27 

West  Bromwich  (1911),  6  O.  &  H.  256 198,  199,  2OO 

Whithorn  v.  Thomas  (1844),  14  L.  J.  C.  P.  38;  7  M.  &  G. 

1;  8  Sco.  N.  E,  783;  8  Jur.  1008;   1  Lut.  E.  C.  125; 

Bar.  &  Arn.  259 11,  12,  16 

Wigtown  (1874),  2  O.  &  H.  215 183,  185,  188,  191,  195,  198 

Woodward  v.  Sarsons  (1875),  L.  E.  10  0.  P.  733;  44  L.  J. 

0.  P.  293;  32  L.  T.  867  184,  185,  187,  189, 

190,  191,  193,  198 

Worcester  (1880),  3  O.  &  H.  184  7,  8 

Wright  v.  Stavert  (1859),  2  E.  &  E.  121;  29  L.  J.  Q.  B. 

161;  6  Jur.  (N.  S.)  867;  8  W.  E.  413  58,  59 


F. 


(     xix     ) 


LIST  OF  ABBREVIATIONS. 


A.  &  E. Adolphus  and  Ellis. 

A.  C Law  Reports,  Appeal  Cases. 

B.  &  Ad Barnewall  &  Adolphus. 

B.  £  Aid Barnewall    and    Alderson's    Reports 

Bench). 

B.  &  Arn Barren  and  Arnold. 

B.  &  Aust Barron  and  Austen. 

B.  &  B Broderip  and  Bingham. 

B.  &  C Barnewall  &  Cresswell. 

B.  &  P Bosanquet  and  Puller. 

B.  &  S Best  and  Smith. 

Beav Beavan. 

Bing Bingham. 

Bing.  N.  C Bingham  (New  Cases). 

€.  &  I.  P Corrupt  and  Illegal  Practices. 

C.  A Court  of  Appeal. 

C.  C County  Court. 

C.  J Chief  Justice. 

C.  B Common  Bench  Reports. 

<3.  B.  (N:  8.) Common  Bench  Reports,  New  Series. 

C.  &  D Corbett  and  Daniell. 

C.  M.  &  R Crompton,  Meeson,  and  Roseoe. 

C.  &  P Carrington  &  Payne. 

•0.  &  B Cockburn  and  Rowe's  Election  Cases,  1833. 

C.  P.  D The  Law  Reports,  Common  Pleas  Division. 

Clerk,  El Clerk  on  Elections  and  Election  Committees 

Ct.  of  Sess Court  of  Session  Cases. 

Dalton     Dalton's  Office  of  Sheriff  (2nd  ed.),  1700. 

Day's  E.  C Day's  Election  Cases. 

Dougl Douglas. 

E.  Ac  B Ellis  and  Blackburn. 

Ex.  D The  Law  Reports,  Exchequer  Division. 

Falc.  &  F Falconer  and  Fitzherbert. 

Fras Fraser. 

Olanv Glauville. 

h  2 


XX  LIST  OF  ABBREVIATIONS. 


Hansard  '»  Parliamentary  Debates. 

Hop.  &  C  ...........  Hop  wood  and  Coltman's  Registration 

H.  L  ...............  House  of  Lords. 

H.  L.  C  ...........  Clarke's  House  of  Lords  Cases. 

Heyw.  Bo  ...........  Hey  wood  on  Borough  Elections,  1797. 

Heyw.  Co  ...........  Heywood  on  County  Elections  (2nd  ed.),  1812  . 

Hob  ...............  Hobart's  Reports,  temp.  Elizabeth  and  James  I. 

Hawk.  P.  C  .........  Hawkins'  Pleas  of  the  Crown. 

Ir.  C.  L.  R  .........  Irish  Common  Law  Reports. 

Ir.  L.  R.  (N.  S.)  ....  Irish  Law  Reports,  New  Series. 

J  ...................  Justice. 

J.  P  ...............  Justice  of  the  Peace. 

Journ  ...............  Journals  of  the  House  of  Commons. 

Judg  ...............  Judgments  of    the    Election    Judges,    reported 

and  printed  by  order  of  House  of  Commons. 

See  Parliamentary  Elections  Act,  1868,  s.  24. 

Jur  .................  Jurist  Reports,  1837—54. 

K.  B  ...............  King's  Bench. 

K.  B.  D  ...........  The  Law  Reports,  King's  Bench  Division. 

K.  &  G  .............  Keane  and  Grant. 

K.  &  O  .............  Knapp  and  Ombler's  Election  Cases,  1834—5. 

L.  &  S  .............  Lacey  &  Smith. 

L.  JJ  ...............  Lords  Justices. 

L.  J.,  Ch  ...........  Law  Journal  Reports,  Chancery. 

L.  J.,  C.  P.    .  .  ^  .....  Law  Journal  Reports,  Common  Pleas. 

L.  J.,  M.  C  .........  Law  Journal  Reports,  Magistrates'  Cases. 

L.  J.,  K.  B  .........  Law  Journal  Reports,  King's  Bench. 

L.  J.,  Q.  B  .........  Law  Journal  Reports,  Queen's  Bench. 

L.  R.,  C.  P  .........  The  Law  Reports,  Common  Pleas. 

L.  R.  ,  Ex.     ,  ........  The  Law  Reports,  Exchequer. 

L.  R.,  H.  L  .........  The  Law  Reports,  House  of  Lords. 

L.  R.,  Q.  B  .........  The  Law  Reports,  Queen's  Bench. 

L.  R.,  K.  B  .........  The  Law  Reports,  King's  Bench. 

L.  T  ...............  Law  Times. 

L.  T.  Jo  .....  ,  .....  Law  Times  Journal. 

Lev  .....  ,  .........  Levinz. 

Lud.    ..............  Luder's  Election  Cases,  1784  —  7. 

M.  &  S  .............  Maule  &  Selwyn. 

M.  &  W  ...........  Meeson  and  Welsby. 

Male    ..............  Male  on  Elections. 

May's  Parl.  Pract.    .  .  May's  Parliamentary  Practice. 

M.  C.  A  ...........  The  Municipal  Corporations  Act,  1882. 

Min  ...............  Minutes     of     Evidence    taken    by    shorthand 

writers  before  Election  Committees,  but  not 

printed. 

Mod  ...............  Modern  (King's  Bench)  Reports,  1669—1732. 


LIST  OF  ABBREVIATIONS.  XXI 

O.  &  H O'Malley  and  Hardeastle'a  Reports  of  Election 

Petitions. 

Orme   Orme  on  Elections. 

P.  P Parliamentary  Papers. 

P.  &  K Perry  and  Knapp's  Election  Cases. 

P.,  R.,  &  D Power,  Rodwell,  and  Dew's  Election  Cases. 

Peck Peckwell's  Election  Cases. 

Phill Phillips'  Election  Cases. 

Plowd Plowden. 

Print.  Min Minutes  of  Evidence  taken  by  shorthand  writers 

before  Election  Committees,  and  printed  by 
order  of  the  House  of  Commons. 

Q.  B Queen's  Bench  Reports. 

Q.  B.  D The  Law  Reports,  Queen  Bench  Division. 

R Rettie's  Court  of  Session  Cases. 

R.  S.  C Rules  of  the  Supi'eme  Court. 

Roe Roe  on  Elections. 

8.  C Same  Case. 

Sch Schedule. 

Sim Simeon  on  Elections,  1789. 

Steph.  Law  of  El.  ...  Stephens'  Law  of  Elections,  1840. 

Str Strange. 

T.  R Term  Reports. 

T.  L.  R Times  Law  Reports. 

Ves Vesey. 

Ves.,  jun Vesey  junior. 

W.  N Law  Reports,  Weekly  Notes. 

W.  R Weekly  Reporter. 

W.  &  Br Wolferstan  and  Bristowe's  Election  Cases. 

W.&D Wolferstan  and  Dew's  Election  Cases. 

Whitelocke  Whitelocke  on  the  King's  Writ  for  choosing 

members  to  serve  in  Parliament,  sometimes 
called  Whitelocke  on  Government,  1766. 

Wight Wight  on  Scotch  Parliaments  and  Elections. 


(     xxiii     ) 


INTRODUCTION. 


THIS  Act,  which  consists  of  forty-seven  sections 
and  nine  Schedules,  is  the  third  Reform  Act  since 
the  passing  of  the  Reform  Act,  1832,  the  other 
Acts  being  those  of  1867  and  1884. 

The  present  Act  is  much  more  comprehensive, 
and  introduces  greater  changes  than  any  of  its 
predecessors.  It  deals  with  the  Parliamentary 
and  local  government  franchise,  registration, 
method  and  costs  of  election,  and  redistribution. 

In  order  to  realise  how  large  a  measure  of 
enfranchisement  is  given  by  the  present  Act  as 
compared  with  former  Acts,  the  following  facts 
may  be  pointed  out.  Before  1832  there  were  less 
than  500,000  parliamentary  electors,  and  the 
Reform  Act  of  1832  only  added  500,000  more, 
so  that  the  total  number  of  electors  in  1832  was 
less  than  1,000,000  out  of  a  population  of  about 
24,000,000.  The  Reform  Act  of  1867  added 
about  1,500,000  electors,  making  a  total  of 
2,500,000  electors  out  of  a  population  as  it  then 
was  of  about  30,000,000.  The  Act  of  1884  added 
some  3,000,000  electors,  making  a  total  of 


X  XIV  INTRODUCTION. 

o,500,000  on  the  register  out  of  a  population 
which  was  then  34,000,000.  According  to  the 
Home  Office  Return  for  1915,  the  electorate  was 
8,357,000  out  of  a  population  of  43,500,000. 
Under  the  present  Act  at  least  3,000,000  men  and 
6,000,000  women  will,  it  is  estimated,  be  added 
to  the  register  as  parliamentary  electors. 

From  a  historical  point  of  view  the  present  Act 
owes  its  origin  to  the  fact  that  it  was  universally 
recognised  that  the  electors  of  members  to  serve 
in  the  future  Parliament  which  would  have  to 
deal  with  questions  of  reconstruction  after  the 
War,  must  include  those  who  had  fought  for 
their  country  in  the  War.  An  attempt  was 
made  to  attain  this  object  by  a  separate  Bill, 
but  it  was  found  impracticable  to  introduce 
changes  of  this  kind  without  dealing  generally 
with  the  subject  of  the  franchise.  His  Majesty's 
Government  accordingly  invited  the  Speaker  of 
the  House  of  Commons  to  select  a  number  of 
members  of  the  House  of  Commons,  representa- 
tive of  all  shades  of  opinion,  to  draft  recommenda- 
tions which  might  form  the  basis  of  a  Bill  dealing 
with  the  whole  subject  of  the  representation  of 
the  people.  In  pursuance  of  this  request  the 
Speaker  held  a  Conference  which  issued  a  Report* 
containing  various  recommendations,  the  great 
majority  of  which  were  unanimous.  Although, 

*  For  this  Report,  see  Appendix  V.,  pp.  737—746,  infra. 


INTRODUCTION.  XXV 

in  consequence  of  the  Amendments  which  were 
adopted  in  the  course  of  its  passage  through  Par- 
liament, the  present  Act  differs  in  several  points 
from  the  recommendations  contained  in  the 
Report  of  the  Speaker's  Conference,  it  is  in 
substance  based  upon  it. 

The  most  sweeping  change  which  the  Act 
introduces  is  the  admission  of  women  to  the 
Parliamentary  franchise,  whilst  the  difficult  ques- 
tion of  the  enfranchisement  of  soldiers,  sailors, 
and  others  serving  in  connection  with  the  War, 
is  solved  by  giving  them  the  franchise  for  the 
'Constituency  in  which  but  for  their  service  in 
connection  with  the  War  they  would  have  been 
entitled  to  vote,  or,  as  an  alternative,  for  the 
constituency  (if  any)  in  which  they  happen  to 
have  an  actual  qualification. 

The  present  Act  sweeps  away  all  the  qualifi- 
cations for  the  franchise  which  previously  existed; 
it  repeals  no  less  than  fifty  statutes  and  modifies 
fifty-seven  others. 

Under  the  previously  existing  law  there  were 
seven  alternative  qualifications  for  the  Parlia- 
mentary franchise : — 

(1)  The  household  qualification,  by  far  the 
most  important,  which  dated,  as  regards 
boroughs,  from  1867,  and  as  regards 
counties  from  1884; 


XXVI  INTRODUCTION. 

(2)  the  qualification  in  respect  of   occupation 

of  land  or  tenements  of  the  value 
of  !()/.; 

(3)  the  50/.  rental  qualification  as  modified  by 

the  Act  of  1884;  this  qualification  was 
rapidly  dying  out ; 

(4)  the  lodgers'  qualification  ; 

(5)  the  service  qualification  ; 

(6)  the  ownership    voters'  qualification.     It  is 

worth  noting,  as  a  matter  of  historical 
interest,  that  amongst  these  voters  was 
the  40*.  freeholder,  who  survived  three 
Reform  Acts  and  who  dated  back  to  the 
reign  of  Henry  VI.  ; 

(7)  the  university  qualification. 

In  place  of  these  seven  franchises,  the  present 
Act  substitutes,  as  regards  men,  three  alternative 
qualifications  only  : — 

(1)  the    residence     qualification;      which    in- 

cludes the  householders,  the  lodgers, 
and  the  service  voters,  and  also  many 
residents  who  were  not  in  any  existing 
class  of  voters.  There  is  no  require- 
ment for  tne  qualifying  premises  under 
this  head  to  be  of  any  minimum  yearly 
value,  nor  for  rating  or  payment  of 
rates  ; 

(2)  the  business    premises  qualification,  which 


INTKODUCilON.  XXV11 

involves  the  occupation  for  the  purposes 
of  business,  trade,  or  profession,  of  land 
or  premises  of  the  annual  value  of  not 
less  than  10/. ; 

('|)  the  university  qualification,  which  is  en- 
larged by  the  inclusion  of  ail  those  who 
have  taken  degrees  (other  than  honorary 
degrees)  at  a  university. 

Not  only  are  the  franchises  different  to  those 
previously  in  existence,  but  the  period  of  qualifi- 
cation has  been  shortened  from  one  year  to  six 
months ;  there  being  two  qualifying  periods  during 
the  year — -one  ending  on  loth  January,  the  other 
on  loth  July. 

During  these  six  months,  electors  must  have 
been  resident,  or  occupying  land  or  premises, 
either  in  the  constituency  or  in  any  constituency 
in  the  same  Parliamentary  borough  or  county  or 
in  a  contiguous  borough  or  county,  so  that  it  will 
be 'seen  that  successive  occupation  in  a  largely 
extended  form  will  be  permitted. 

As   regards    the    Parliamentary   franchise    for 

women,  the  Act  confers  this  only  on  women  who 

have  attained  the  age  of  30.     In  constituencies 

other  than  university  constituencies  there  are  two 

alternative  qualifications  which  are  as  follows  :— 

(1)  the  woman  must  be  entitled  to  be  registered 

as  a  local  government  elector  in  respect 

of  the  occupation   of  a  dwelling-house 


XXV  111  INTRODUCTION. 

(irrespective  of  value)  or  of  land  or  pre- 
mises (other  than  a  dwelling-house)  of  a 
yearly  value  of  not  leas  than  5/. ;  or 
(2)  she   must   be  the   wife  of    a    man    who    is 

entitled  to  be  so  registered. 
The  university  franchise  is  conferred  on  all 
women  of  the  requisite  age  who  have  obtained  a 
degree,  or,  at  Oxford  or  Cambridge,  have  passed 
the  final  examination  and  kept  the  necessary 
residence. 

As  was  pointed  out  above,  it  is  estimated  that 
the  women's  franchise  will  add  to  the  register 
of  parliamentary  electors  at  least  6,000,000  voters, 
of  whom  about  5,000,000  will  come  on  the 
register  by  virtue  of  their  husbands'  qualification. 
As  regards  the  local  government  franchise, 
under  the  previously  existing  law  the  qualification 
to  vote  for  county  and  borough  councils  outside 
London  was  substantially  a  pure  occupation  fran- 
chise, and  differed  from  the  qualification  for 
London  county  and  borough  councils  and  for 
district  and  parish  councils,  where  there  was  not 
only  the  occupation  qualification  but  also  the 
qualification  of  owners  and  lodgers.  Under  the 
present  Act  there  is  a  uniform  occupation  fran- 
chise for  all  local  government  electors,  including 
in  the  term  u  occupation  "  lodgers  in  a  room  or 
rooms  let  to  them  in  an  unfurnished  state.  The 
local  government  franchise  is  conferred  on  women 


INTRODUCTION.  XXIX 

at  the  same  age  (21)  and  on  equal  terms  with  men, 
with  the  addition  that  a  woman  may  be  registered 
and  vote  by  virtue  of  her  husband's  qualification 
in  respect  of  premises  in  which  they  both  reside 
if  she  has  attained  the  age  of  thirty  years. 

It  is  estimated  that  the  present  Act  will  add 
about  5,000,000  women  to  the  register  of  local 
government  electors. 

Turning  to  the  subject  of  registration,  the  Act 
adopts  a  course  which  has  often  been  recom- 
mended, viz.,  a  system  of  official  registration,  and 
throws  upon  the  appointed  officers  the  obligation 
of  making  up  the  registers  (of  which  there  are  two 
in  every  year)  and  keeping  them  complete.  The 
office  of  revising  barrister  is  abolished,  and  the 
consideration  of  claims  and  objections  is  entrusted 
to  the  registration  officer  himself  with  the  right  of 
an  appeal  from  his  decision  to  the  County  Courtt 
and  from  the  County  Court,  on  questions  of  law 
alone,  to  the  Court  of  Appeal. 

With  regard  to  methods  of  election,  the  much 
discussed  principle  of  Proportional  Representation 
together  with  that  of  the  alternative  vote,  both  of 
which  the  Speaker's  Conference  recommended, 
did  not  find  much  favour  with  the  House  of  Com- 
mons. The  alternative  vote  has  been  entirely 
rejected  and  Proportional  Representation  has  been 
retained  only  as  regards  university  constituencies. 

An  important  innovation  is  made  by  the  pro- 


XXX  INTRODUCTION. 

visions  allowing,  in  certain  cases,  votes  to  be 
given  by  post  by  absent  voters,  and  also  voting 
by  proxy. 

At  a  General  Election  polls  are  all  to  be  taken 
on  one  day,  and  plural  voting  has  been  further 
greatly  curtailed  since  no  elector  may  under  any 
circumstances  give  more  than  two  votes  at  such 
an  election. 

The  returning  officers'  expenses  are  to  be  paid 
by  the  State.  A  candidate  is  to  make  a  deposit 
which  shall  be  returned  to  him  if  he  has  polled 
not  less  than  one-eighth  of  the  votes. 

The  scale  of  election  expenses  is  reduced,  and 
certain  expenditure  by  unauthorised  persons  is 
prohibited. 

The  present  Act  carries  out  a  great  scheme  of 
Redistribution.  Following  the  recommendation 
of  the  Speaker's  Conference  it  has  been  sought  to 
make  each  vote  command  as  far  as  possible  an 
equal  share  of  representation  in  the  House  of 
Commons.  The  standard  unit  of  population 
represented  by  one  member  of  the  House  of 
Commons  has  been  taken  at  70,000,  although 
boroughs  with  not  less  than  50,000  inhabitants 
keep  their  separate  representation. 

Forty-four  boroughs  have  lost  their  separate 
representation,  including  ancient  boroughs  such 
as  Canterbury,  Windsor,  Chester,  Durham,  Win- 
chester, Shrewsbury  and  Lichfield,  but  the 


INTRODUCTION.  XXXI 

representation  of  the  boroughs  as  a  whole  is 
increased  by  thirty-six  members.  On  the  other 
hand  the  counties  lose  five  members  whilst  the 
universities  gain  six.  Ireland  is  not  included  in 
the  Redistribution  Scheme  under  the  present  Act, 
but  Redistribution  there  is  dealt  with  by  the 
Redistribution  of  Seats  (Ireland)  Act,  1918. 
The  effect  of  the  two  Acts  is  to  increase  the 
membership  of  the  House  of  Commons  by  thirty - 
fleven  members ;  thirty-one  of  these  representing 
English,  two  Scottish,  two  Welsh,  and  two  Irish 
constituencies.  The  total  number  of  members 
of  the  House  of  Commons  will  in  future  Parlia- 
ments be  707. 


N.B. — In  the  Notes  to  the  Sections,  when  the  actual 
words  of  the  sections  commented  on  are  quoted 
for  the  first  time,  they  are  printed  in  heavy  type. 


ADDEND  U M. 


REGISTRATION  DATES. 

SINCE  going  to  press  the  following  Order  dated  10th  July,  1918 
(R.  P.  39),  altering  certain  registration  dates  (see  pp.  128 — 129, 
748,  749,  750,  752)  in  connection  with  the  first  register  under  the 
Act  has  been  made  by  the  Local  Government  Board:  — 

"Whereas  by  sub-section  (3)  of  Section  46  of  the  Representa- 
tion of  the  People  Act,  1918  (herein-after  referred  to  as  'the  Act'), 
it  is  provided  that  if  any  difficulty  arises  as  to  the  preparation  of 
the  First  Register  to  be  prepared  under  the  Act  (herein-after 
referred  to  as  'the  First  Register'),  We,  the  Local  Government 
Board,  may  by  Order  do  any  mattsr  or  thing  which  appears- to  Us 
necessary  for  the  proper  preparation  of  the  First  Register; 

And  whereas  by  virtue  of  an  Order  in  Council  dated  the  4th 
day  of  June,  1918  (a),  and  made  under  the  powers  conferred  by  the 
Act  the  documents  mentioned  in  Schedule  A  to  this  Order  are,  as 
respects  the  First  Register,  to  be  kept  published  in  England  and 
Wales  until  the  dates  specified  in  the  second  column  of  that 
Schedule  and  in  connection  with  the  First  Register  the  registra- 
tion dates  referred  to  in  Schedule  B  to  this  Order  are  the  dates 
specified  in  the  second  column  of  that  Schedule; 

And  whereas  difficulties  have  arisen  in  connection  with  •  the 
preparation  of  the  First  Register,  and  it  appears  to  Us  necessary 
for  the  proper  preparation  of  the  First  Register  that  the  above- 
mentioned  dates  should  be  altered: 

Now  therefore,  in  pursuance  of  Our  powers  in  that  behalf,  We, 
by  this  Our  Order,  Direct  as  follows:  — 

ARTICLE  I. — The  dates  specified  in  the  third  column  of 
Schedules  A  and  B  to  this  Order  shall  be  respectively  substituted 
for  the  dates  specified  in  the  second  column  of  those  schedules, 
and  the  above  cited  Order  in  Council  shall  be  read  and  have  effect 
accordingly. 

ARTICLE  II. — This  Order  may  be  cited  as  the  First  Register 
(Alteration  of  Dates)  Order,  1918." 

(a)  See  Order  in  Council  dated  June  4th,  1918,  rule  1,  p.  748,  First 
Schedule,  p.  750,  also  rule  6  and  Fifth  Schedule,  set  out  on  pp.  128—129, 
and  on  pp.  749,  752. 


ADDENDUM. 


SCHEDULE  A. 
PUBLICATION  OF  DOCUMENTS. 


Nature  of  Document. 


Date  specified  in 
Order  in  Council . 


Electors  Lists  (First  Schedule,  Rule  6)    . .    . 
Notice  as  to  mode  of   making  claims  and 

objections  (First  Schedule,  Rule  6). 
Corrupt  and    Illegal   Practices  Lists  (Fir.st 

Schedule,  Rule  8). 

List  of  Claimants  (First  Schedule,  Rule  11). 
List  of  persons  to  whose  registration  notice 

of      objection     has     been     given     (First 

Schedule,  Rule  14). 


18th  July. 
1st  August. 

18th  July. 

1st  August. 
1st  August. 


Subs, ituted  Date. 


26th  July. 
9th  August. 

26th  July. 

9th  August. 
9th  August. 


SCHEDULE  B. 
REGISTEATION  DATES. 


Subject-matter. 

Date  specified  in 
Order  in  Council. 

Substituted  Date. 

Last  day  for  objections  to  electors  lists  .... 
Last  day  for  claims                            . 

10th  July. 
17th  July. 

18th  July. 
25th  July. 

Last  day  for  claims  as  absent  voters    

31st  July. 

8th  August. 

Publication  of  list  of  objections  to  electors 
lists. 
Publication  of  list  of  claimants     

19th  July. 
25th  July. 

27th  July. 
2nd  August. 

Last  day  for  objections  to  claimants   
Pu-blication  of  list  of  objections  to  claimants 
(as  soon  as  practicable  after). 

31st  July. 
31st  July. 

8th  August. 
8th  August. 

In  consequence  of  the  alteration  of  some  of  the  dates  referred  to 
in  Schedule  B  above,  the  following  County  Court  Rule,  amending 
paragraph  3  of  Rule  9  of  the  County  Court  (Registration  Appeals) 
Rules,  1918  (set  out  on  p.  640),  has  been  made: — 

"  The  words  '  the  ninth  and  the  twenty-eighth  days  of  September  ' 
shall  be  substituted  for  the  words  '  the  second  and  the  twenty-first 
days  tff  September  '  in  paragraph  3  of  Rule  9  of  the  County  Court 
(Registration  Appeals)  Rules,  1918." 


REPRESENTATION  OF 
ACT,  1918. 

(8  GEO.  V.  c.  64.) 


An  Act  to  amend  the  Law  with  respect  to 
Parliamentary  and  Local  Government  Fran- 
chises, and  the  Registration  of  Parliamentary 
and  Local  Government  Electors,  and  the 
Conduct  of  elections,  and  to  provide  for  the 
Redistribution  of  Seals  at  Parliamentary 
Elections,  and  for  other  purposes  connected 
therewith. 

BE  it  enacted  by  the  King's  most  Excellent 
Majesty,  by  and  with  the  advice  and  consent 
of  the  Lords  Spiritual  and  Temporal,  and 
Commons,  in  this  present  Parliament  assem- 
bled, and  by  the  authority  of  the  same,  as 
follows  :— 

PART  I. 

[Sections  1  —  10.] 

FRANCHISES. 

1.  —  (1)  A  man   shall   be    entitled   to   be     sect,  i. 
registered  as  a  parliamentary  elector  for  a 
constituency  (other  than  a  university  con- 
stituency)1  if  he  is  of  full  age2  and  not  subject 
to  any  legal  incapacity3  and  — 

(a)  has  the  requisite  residence  qualifica- 
tion4; or 

1  See  p.  3,  footnote  («),  infra.  '*  See  p.  4,  infra. 

3  See  pp.  4—8,  infra.  4  See  pp.  9—24,  infra. 

F  1 


OF  THE  PEOPLE  ACT,   1918. 

requisite    business   premises 
qualification.5 

(2)  A  man,  in  order  to  have  the  requisite 
residence  qualification  or  business  premises 
qualification  for  a  constituency — 

(a)  must  on  the  last  day  of  the  qualifying 

period  be  residing  in  premises  in 
the  constituency,6  or  occupying 
business  premises  in  the  constitu- 
ency,7 as  the  case  may  be  ;  and 

(b)  must  during  the  whole  of  the  quali- 

fying period  have  resided  in  pre- 
mises,8 or  occupied  business  pre- 
mises,9 as  the  case  may  be,  in  the 
constituency,  or  in  another  con- 
stituency within  the  same  parlia- 
mentary borough10  or  parliamentary 
county,11  or  within  a  parliamentary 
borough  or  parliamentary  county 
contiguous  to  that  borough  or 
county,  or  separated  from  that 
borough  or  county  by  water,  not 
exceeding  at  the  nearest  point  six 
miles  in  breadth,  measured  in  the 
case  of  tidal  water  from  low-water 
mark. 

*  See  pp.  24—37,  infra.  ami  Ninth  Sched.,  pp.  404—481, 
8  See  pp.  9 — 16,  infra.  infra. 

7  See  pp.  24—37,  infra.  u  See  sect.  37  (2),  p.  282,  infra, 

*  See  pp.  9—24,  infra.  and  Ninth  Sched.,  pp.  482—554, 

8  See  pp.  24—37,  infra-.  infra. 
10  See  sect.  37  (1),  p.  282,  infra, 


SECTION  1. 

For  the  purposes  of  this  subsection  the      sect.  i. 
administrative  county  of  London   shall  be 
treated  as  a  parliamentary  borough. 

(3)  The  expression  "business  premises" 
in  this  section  means  land  or  other  premises 
of  the  yearly  value  of  not  less  than  ten 
pounds  occupied  for  the  purpose  of  the  busi- 
ness, profession,  or  trade  of  the  person  to  be 
registered.12 

NOTE. — Sect.  1  set  out  above  states  the  con- 
ditions which  must  be  fulfilled  in  order  to  entitle 
a  male  person  to  be  registered  as  a  parliamentary 
elector  for  a  constituency  (other  than  a  uni- 
versity constituency)  («). 

These  conditions  are  : — 

(1)  He  must  be  of  full  age  ; 

(2)  He   must  not  be   subject  to    any  legal  in- 

capacity ; 

(3)  He  must  have  (a)  the  requisite  residence  quali- 

fication or  (b)  the  requisite  business  pre- 
mises qualification. 

12  See  pp.  28—37,  infra. 


(a)  As  to  registration  for  parliamentary  purposes,  see  Part  II. 
Registration,  sects.  11 — 19  of  the  Act,  pp.  125—155,  infra.  The 
words  parliamentary  elector  for  a  constituency  (other  than  a 
university  constituency)  in  sect.  1  (1)  mean  a  person  who  is 
entitled  to  vote  at  an  election  of  a  member  of  the  House  of  Commons 
for  any  constituency  other  than  a  university  constituency,  i.e.,  for 
any  county,  borough,  or  combination  of  places  returning  a  member 
to  serve  in  Parliament,  and,  where  a  county  or  borough  is  divided 
for  the  purpose  of  parliamentary  elections,  a  division  of  the  county 
or  borough  so  divided.  See  sect.  41  (1),  p.  305,  infra. 

1  (2) 


REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 

Sect.  i.  (1)  He  must  be  of  full  age, — -Full  ago  is  by  the 
Common  Law  the  age  of  21  years,  and  such  age 
is  attained  on  the  da}'  preceding  the  21st  anni- 
versary of  a  person's  birth  (b).  By  sect.  41  (7) 
of  the  Act(tf)  "for  the  purposes  of  registration  a 
person's  age  shall  be  taken  to  be  that  person's  age 
on  the  last  day  of  the  qualifying  period  "  (d\  i.e. 
on  January  15th  or  on  July  15th  according  to 
which  of  the  two  registers  he  is  placed  upon(<e). 
If  the  21st  anniversary  of  the  birth  of  the  person 
to  be  registered  is  January  16th  or  July  16th  he 
will  have  attained  full  age  for  the  purpose  of  being- 
registered  on  the  Spring  or  Autumn  register  (/), 
irrespective  of  the  hour  of  his  birth  (g). 

(2)  He  must  not  be  subject  to  any  legal  incapa- 
city.— It  should  be  noted  that  a  legal  incapacity 
is  quite  distinct  from  an  absence  of  the  qualifica- 
tions required  by  this  Act  to  enable  a  person  to 
be  registered  or  to  vote  at  an  election.  Legal 
incapacity  in  the  above  sense  is  some  quality 
inherent  in  a  person  or  for  the  time  being  irre- 
movable in  such  person,  which,  either  at  Common 
Law  or  by  Statute,  deprives  him  of  the  status  of 
a  parliamentary  elector  (A). 

(6)  I  Co.  Lit.  78;  Bro.  Abr.  ''Age."      • 

(c)  Set  out  at  p.  307,  infra. 

(d)  As  to  the  qualifying  period,  see  sect.  6,  p.  94,  infra. 

(e)  See  sect.  11,  p.  125,  infra.     As  to  jbhe  dates  applicable  to  the 
first  register,  see  pp.  128,  129,  infra. 

(/)  See  p.  126,  infra.  As  to  the  dates  applicable  to  the  first 
register,  see  pp.  128,  129,  infra. 

(g)  1  bl.  Com.  463  ;  Anon.  (1700),  Ld.  Eaym.  480,  1096. 

(A)  See  the  observations  of  Lord  Coleridge,  C.J.,  in  Stowe  v. 
Jolliffe  (1874),  L.  E,  9  C.  P.  at  p.  750;  see  also  Hay  ward  v.  Seott 
(1879),  5  C.  P.  1).  231 ;  and  the  observations  of  O'Brien,  J.,  in  Lon- 
donderry (1886),  4  0.  &  H.  at  pp.  100,  101. 


LEGAL  INCAPACITIES. 

The  following  are  legally  incapacitated  from 
being  registered  under  this  section: — (1)  A  peer 
of  the  United  Kingdom  (e),  or  of  Scotland,  or  of 
Ireland  not  actually  elected  and  serving  for  a 
constituency  in  Great  Britain  (&);  (2)  a  person 
holding  any  one  of  certain  offices  (I) ;  (3)  an 
infant  (wt);  (4)  an  alien  (w);  (5)  an  idiot  (o)  ; 

(6)  a  lunatic  who  is  not  in  a  lucid  interval  (/?); 

(7)  an  imbecile  who  is  not  compos  mentis  (q) ;  (8)  a 
person  convicted  of  treason  or  felony  and  sentenced 
to  death  or  penal  servitude  or  imprisonment,  either 
with  hard  labour  or  exceeding  twelve  months,  unless 
he  has  suffered  such  other  punishment  as  by  eompe- 

(t)  Com.  Dig.  tit.  Parl.  D.  10;  Beauchamp  (Earl]  v.  Madrtsjield 
(1872),  L.  E.  8  C.  P.  245  ;  Bristol  (Marquis]  v.  Seek  (1907),  96  L.  T. 
55;  71  J.  P.  99;  23  T.  L.  E.  224. 

(k)  39  &  40  Geo.  3,  c.  67,  art.  4 ;  Banlury  (1797),  Heywood,  318 ; 
Droitwich  (1834),  K.  &  0.  65  ;  Lord  JRendlesham  v.  Haward  (1873), 
L.  E.  9  C.  P.  252. 

(I]  Under  this  head  conie  :—(!)•  A  Scots  sheriff,  a  sheriff  substi- 
tute, a  sheriff  clerk,  a  deputy  .sheriff  clerk  for  the  shire  within 
which  the  election  is  being  held  (2  &  3  Will.  4,  c.  65,  s.  36; 
see  also  sect.  43  (6)  of  the  present  Act,  p.  317,  infra] ;  (2)  various 
officers  connected  with  the  constabulary  and  police  in  Ireland  (6  & 
1  Will,  4,  c.  13,  s.  18  (Irish  Constabulary) ;  6  &  7  Will.  4,  c.  29, 
s.  19  (Dublin  Metropolitan  Magistrates  and  Police),  The  dis- 
qualifications formerly  attaching  to  the  police  in  Great  Britain 
were  abolished  by  the  Police  Disabilities  Eemoval  Act,  1887. 

(»i)  7  &  8  Will.  3,  c.  25,  s.  7  ;  Stowe  v.  Jolli/e  (1874),  L.  E,  9  G.  P. 
743,  758.  A  naval  or  military  voter  within  sect.  5  (4)  of  the  present 
Act  is  qualified  at  nineteen.  See  pp.  80 — 82,  infra. 

(//)  Middlesex  (1804),  2  Peck,  118;  Bedford  (1832),  C.  &  E,  98; 
Isaacson  v.  Duntnt  (1886),  17  Q,  B.  D.  54 ;  33  &  34  Viet.  c.  14,  s.  2. 
As  to  naturalisation,  see  the  British  Nationality  and  Status  of  Aliens 
Act,  1914  (4  &  5  Geo.  o,  c.  17).  . 

(o)  Bedfordshire  (1785),  2  Lud.  567. 

(p)  Heywood,  260. 

(q)  Briil</eiv«tt)'(l8QS]t  1  Peck,  108;  OaM«mpton(}~9l),  1  Fraser, 
162. 


REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 

Sect.  1.  tent  authority  mav  be  substituted  for  the  same  or 
received  a  free  pardon,  or  in  the  case  of  penal 
servitude  or  imprisonment  has  suffered  the  punish- 
ment to  which  he  has  been  sentenced  (r) ;  (9)  a 
person  convicted  on  indictment  within  the  pre- 
ceding seven  years  of  a  corrupt  practice  at  a 
parliamentary  election  (s)  or  convicted  within  the 
preceding  seven  years  of  a  corrupt  practice  at  a 
municipal  election  (t)]  (10)  a  person  found  guilty 
on  summary  conviction  within  the  preceding  five 
years  of  an  illegal  practice  at  a  parliamentary 
election  within  the  county  or  borough  in  which 
he  is  seeking  to  be  registered  (u) ;  (11)  a  person 
who,  as  a  candidate,  election  agent  or  sub-agent,  has 
within  the  preceding  five  years  been  convicted  of 
an  illegal  employment,  payment,  or  hiring,  at  a 
parliamentary  election  within  the  county  or 
borough  in  which  he  is  seeking  to  be  registered  (#); 
(12)  a  person  convicted  within  the  preceding 
five  years  of  an  illegal  practice  at  a  municipal 
election  within  the  borough  in  which  he  is 
seeking  to  be  registered  (y]  or  convicted  within 
the  preceding  five  years  of  an  illegal  employment, 
payment,  or  hiring  as  candidate  at  the  said  muni- 
cipal election  (#);  (13)  a  person  who  has  within  the 
preceding  seven  years  been  convicted  of  a  corrupt 

(r}  Forfeiture  Act,  1870,  s.  2.  This  has  no  application  to  Scot- 
land, ib.  s.  33. 

(s]  Corrupt  Practices  Act,  1883,  s.  6  (3).     See  p.  275,  infra. 

(t)  Municipal  Elections  (Corrupt  Practices)  Act,  1884,  s.  2(2); 
Corrupt  Practices  Act,  1883,  s.  6  (3). 

(u)  Ibid.  s.  10.     See  p.  299,  infra. 

(x]  Ibid.  s.  21  (2);  s.  25  (2)  ;  s.  10.     See  p.  302,  infra. 

(y)  Municipal  Elections  (Corrupt  Practices)  Act,  1884,  a.  7. 

(z)   Ibid.  s*.  7.  17  (2). 


LKOAL  INCAPACITIES. 

practice,  or  within  the  preceding  five  years  of  an      Seot.  i . 
illegal  practice,  at  the  election  of  a  member  of  a 
local  board,  of  a  member  of  Improvement  Com- 
missioners, or  of  a  poor  law  guardian  (a);  (14)  a 
person  who  has  been  convicted,  within  the  pre- 
ceding  six    years,   of   a    corrupt   offence  at  the 
election   of  a  member  of  a  school  board  which 
has  been  held  within  the  preceding  six  years  (b) ; 
(15)  a  person  who  has  been  twice  convicted  under 
the  Public  Bodies  Corrupt  Practices  Act,  1889, 
8.  2  ;  (16)  a  person  who  is  reported  by  an  election 
court   or  Election  Commissioners   to  have  been 
guilty  of  any  corrupt  or  illegal  practice  at  an 
election,  whether  he  obtains  a  certificate  of  in- 
demnity or  not,  in  like  manner  and  for  the  same 
period  (c)  as  if  he  had  at  the  date  of  such  election 
been  convicted  of  the  offence  of  which  he  is  re- 
ported to  have  been  guilty  (d) ;  ( 17)  a  conscientious 
objector  who  is  incapacitated  during  the  war  and 
for  five   years  thereafter  by  sect.  9  (2)  of   the 
present  Act(e). 

It  should  be  noticed  that  persons  subject  to 
the  above-mentioned  incapacities  are  prohibited 
both  from  being  registered  and  from  voting  (/). 

(a)  Municipal  Elections  (Corrupt  Practices)  Act,  1884,  as.  2,  36, 
Sched.  1. 

(6)  33  &  34  Viet.  c.  75,  s.  91. 

(c)  As  to  the  period  during  which  this  incapacity  applies,  see, 
with  regard  to  corrupt  practice,  heading  (9),  and  with  regard  to 
illegal  practice,  heading  (10),  on  p.  6,  supra. 

(d)  Corrupt  Practices  Act,  1883,  s.  38  (5). 

(e)  See  sect.  9  (2),  pp.  112—114,  and  pp.  117—121,  infra. 

(/)  See  the  observations  of  Lush,  J.,  in  Worcester  (1880),  3  0.  & 
H.  at  p.  186;  and  also  the  Ballot  Act,  1872,  s.  7,  set  out  at  p.  667, 
668,  j'/'/m,  and  sect.  9  (3)  of  the  present  Act,  pp.  114,  115,  infra. 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect,  i  By  sect.  13  (1)  of  the  present  Act  "  it  shall  be  the 
duty  of  the  registration  officer  (/)...  to  place 
or  cause  to  be  placed  011  the  register  .  .  .  the 
names  of  those  entitled  to  vote  as  parliamentary 
electors  ...  in  his  registration  area."  The  re- 
gistration officer  should  therefore  not  place  on 
the  register  the  name  of  any  person  who  is  subject 
to  any  of  the  above  incapacities.  But  if  he 
should  do  so,  the  register  is  conclusive  of  such 
person's  right  to  give  his  vote  at  the  poll,  and  the 
returning  officer  cannot  refuse  to  allow  him  to 
vote.  Such  a  vote  would,  however,  be  struck 
off  on  a  scrutiny  (g).  In  the  words  of  Lush,  J., 
in  Worcester  (h),  "  the  battle  of  qualification  shall 
be  fought  either  beforehand  in  the  registration 
court  (i),  or  after  the  election  upon  a  scrutiny  (g], 
but  nothing  shall  take  place  at  the  polling-booth 
but  a  reference  to  the  register  to  ascertain  whether 
the  person  who  presents  himself  i$  the  person  upon 
that  register  or  not." 

(3)  He  must  have  (a)  the  requisite  residence 
qualification  or  (b)  the  requisite  business  pre- 
mises qualification. 

(a)  The  requisite  residence  qualification. — In 
order  to  have  this  qualification  a  man  (i)  must 
on  the  last  day  of  the  qualifying  period  (A) 
be  residing  in  premises  in  the  constituency  (/), 

(/)  As  to  the  registration  officer,  see  pp.  130 — 132,  infra. 

(g)  As  to  a  scrutiny,  see  the  Author's  "  Law  of  Parliamentary 
Elections  and  Election  Petitions,"  2nd  ed.,  pp.  210B — 215. 

(7i)  (1880),  3  O.  &  H.  at  p.  11. 

(i)  The  office  of  revising  barrister  is  abolished  by  the  present  Act, 
but  his  duties  are  now  undertaken  by  the  registration  officer. 

(/«•)  See  pp.  9,  10,  infra. 

(1)  See  pp.  11—16,  infra. 


RESIDENCE  QUALIFICATION. 

and  (ii)  must  during  the  whole  of  the  quali-  sect.  i. 
fying  period  have  resided  in  premises  in  the 
constituency,  or  in  another  constituency  within 
the  same  parliamentary  borough  (m)  or  parlia- 
mentary county,  or  within  a  parliamentary 
borough  or  parliamentary  county  (•»)  contiguous 
to  that  borough  or  county,  or  separated  from  that 
borough  or  county  by  water  not  exceeding  at 
the  nearest  point  six  miles  in  breadth  measured 
in  the  case  of  tidal  water  from  low- water  mark. 
For  this  purpose  the  administrative  county  of 
London  is  to  be  treated  as  a  parliamentary 
borough  (0). 

Under  sect.  11  (p)  of  the  present  Act  two 
registers  of  electors  are  to  be  prepared  in  every 
year,  of  which  one,  the  Spring  register,  is  to  be 
made  for  the  qualifying  period  ending  on  Jan- 
uary 15th,  and  the  other,  the  Autumn  register, 
is  to  be  made  for  the  qualifying  period  ending 
on  July  loth.  The  qualifying  period  is  a  period 
of  six  months  ending  either  on  January  15th  or 
July  15th,  including  in  each  case  the  fifteenth 
day  (q\  so  that  the  last  day  of  the  qualifying 
period  is  in  the  one  case  January  15th,  and  in 
the  other  July  loth  (r). 

When  an  elector  moves  into  a  constituency 
within  thirty  days  of  the  last  day  of  the  quali- 

(wi)  See  pp.  11—24,  infra. 

(n)  Ibid. 

(o)  See  sect.  1  (2),  (b),  set  out  on  p.  o,  supra.  See  also  pp.  23, 
24,  injra. 

(p)  See  pp.  125,  126,  infra.' 

(?)  Sect.  6,  p.  94,  infra. 

(r}  As  to  the  dates  applicable  to  the  first  register,  see  pp.  12S, 
129,  infra. 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  i.  lying  period,  he  is  not  entitled  to  be  registered 
by  reason  of  a  residence  qualification  unless  he 
fulfils  the  conditions  ef  sect.  7  (3),  which  is  as 
follows: — "Notwithstanding  anything  in  this 
Act,  a  man  shall  not  be  entitled  to  be  registered 
as  a  parliamentary  elector  for  a  constituency  in 
respect  of  a  residence  qualification  though  he 
may  have  been  residing  in  premises  in  the  con- 
stituency on  the  last  day  of  the  qualifying  period, 
if  he  commenced  to  reside  in  the  constituency 
within  thirty  days  before  the  end  of  the  qualifying 
period,  and  ceased  to  reside  within  thirty  days 
after  the  time  when  he  so  commenced  to  reside." 

The  object  of  the  sub-section  just  quoted  is  to 
provide  against  what  are  known  as  i  i  swallow 
voters/'  by  imposing  a  condition  which  i» 
intended  to  ensure  that  the  residence  on  the  last 
day  of  the  qualifying  period  shall  be  bond  fide. 
In  order  to  come  within  the  sub-section,  it  is  only 
necessary  for  the  person  to  be  registered  to  reside 
in  a  constituency  for  thirty  consecutive  days,  one 
of  which  is  the  last  day  of  the  qualifying  period ; 
e.g.,  such  person  may  begin  to  reside  on  July  14th 
and  cease  to  reside  on  August  13th,  or  he  may 
begin  to  reside  on  June  10th  and  cease  to  reside 
on  July  16th. 

It  would  appear  that  the  requisite  residence 
during  thirty  consecutive  days  would  not  neces- 
sarily be  broken  by  reason  of  the  person  to  be 
registered  moving  from  one  set  of  promises  to 
another  in  immediate  succession  during  the  thirty 
days. 

The  meaning  of  the  words  residing  in  premises 


RESIDENCE  QUALIFICATION.          x 

in  sect.  1  (2)  (a)  and  resided  in  premises  in  sect.      Sect-  * 
1  (2)  (b)  raise  questions  of  some  difficulty. 

It  is  abundantly  clear  from  the  language  of 
sect.  7  (2)  of  the  present  Act  that  the  expression 
"  residence"  and  cognate  expressions  are  to  be 
interpreted  according  to  general  principles  (r). 

"The  word  'residence'  has  a  variety  of 
meanings  according  to  the  Statute  in  which  it 
is  used  "  (s).  It  will  therefore  only  be  useful  to 
consider  here  the  interpretation  which  the  word 
has  received  in  previous  Statutes  dealing  with 
the  franchise. 

The  question  of  residence  is  a  question  of 
fact(Y).  There  are  two  kinds  of  residence,  actual 
residence  and  constructive  residence. 

As  to  actual  residence.  In  Barlow  v.  Smith  («),. 
Lord  Coleridge,  C.J.,  referred  to  "  the  old  and 
universal  definition  of  residence"  as  "  the  place 
where  a  man's  home  is  and  where  he  sleeps." 
In  the  same  case  (v)  the  learned  Chief  Justice 
cited  Whithorn  v.  Thomas  (w\  and  Reg.  v.  Mayor  of 
Exeter,  DipstaWs  Case(x),  and  said:  "  We  have 
therefore  the  authority  of  three  judges  that  in 
this  section  (s.  27  of  the  Reform  Act,  1832) 
'  residence '  implies  home,  the  place  where  a  man 
lives.  .  .  .  For  centuries  past  it  has  always  been 

(r)  See  sect.  7  (2),  p.  99,  infra. 

(t)  Per  Erie,  C.J.,  in  Naif  and  another  v.  Mutter  (1862),  31  L.  J. 
0.  P.  at  p.  359. 

(t}  Reg.  v.  Mayor  of  Exeter,  WcscomVs  Case  (1868),  L.  R.  4  Q.  B. 
110;  ibid.,  Dipstale's  Case,  114. 

(u)  (1892),  Fox  &  Smith's  Registration  Cases,  at  pp.  297,  298. 

(v)  Ibid,  at  p.  299. 

(«;)  (1844),  7M.  &Gr.  1. 

(x)  (1868),  L.  R.  4Q.  B.  114. 


11 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  i.  held  that  where  a  man  sleeps  and  has  his  home  is 
the  place  where  he  resides." 

a  There  is  no  strict  or  definite  rule  for  ascer- 
taining what  is  inhabitance  or  residence.  The 
words  have  nearly  the  same  meaning.  Sleeping 
once  or  twice  in  a  place  would  not  constitute 
inhabitance.  There  is  no  precise  line  to  be 
drawn.  It  is  always,  if  the  inhabiting  is  bond 
fide,  a  question  of  more  or  less.  The  question  is 
whether  there  has  been  such  a  degree  of  in- 
habitance as  to  be  in  substance  and  in  common 
sense  a  residence.  When  a  person  has  a  country 
and  a  town  house,  it  is  a  mere  question  of  fact, 
whether  he  has  two  residences,  or  only  one  rosi- 
dence.  When  ...  a  man  leaves  one  residence 
to  go  elsewhere  to  transact  real  business,  whether 
he  has  two  residences  depends  on  quantity  and 
amount.  It  is  a  pure  question  of  fact "  (y). 

' i  The  fact  that  a  person  sleeps  in  a  place  is 
generally  a  very  important  ingredient  in  de- 
ciding whether  he  inhabits  it,  but  it  is  not  con- 
clusive" (2). 

It  has  been  held  that  if  a  person  actually  re- 
sides in  a  constituency,  such  residence  is  sufficient, 
even  if  he  be  a  trespasser  (a). 

As  to  constructive  residence.  u  In  order  to 
constitute  residence,  a  party  must  possess,  at  the 
least,  a  sleeping  apartment,  but  an  uninterrupted 
abiding  at  such  dwelling  is  not  requisite.  Ab- 


(y)  Per  Blackburn,  J.,  in  Reg.  v.  Mayor  of  Exeter, 
Case  (1868),  L.  E.  2  Q.  B.  at  p.  113. 
(z)  Ibid,  in  DipstalJs  Case,  at  pp.  115,  116. 
(a)  Seal  v.  Ford  (1877),  47  L.  J.  C.  P.  56. 


CONSTRUCTIVE  RESIDENCE. 

sence,  no  matter  how  long,  if  there  be  the  liberty  Sect.  l. 
of  returning  at  any  time  (£),  and  no  abandonment 
of  the  intention  to  return  whenever  it  may  suit 
the  party's  pleasure  or  convenience  so  to  do,  will 
not  prevent  a  constructive  legal  residence.  But 
if  he  has  debarred  himself  of  the  liberty  of  re- 
turning to  such  dwelling,  by  letting  it  (c)  for  a 
period  however  short,  or  has  abandoned  his  in- 
tention of  returning,  he  cannot  any  longer  be 
said  to  have  even  a  legal  residence  there  "(</). 

In  Whithorn  v.  Thomas  (0),  where  the  question 
was  whether  the  claimant  had  resided  for  six 
calendar  months  in  a  borough  so  as  to  qualify 
him  as  an  elector  for  such  borough  under  sect.  27 
of  the  Reform  Act,  1832,  Tindal,  C.J.,  in  con- 
trasting the  two  kinds  of  residence,  said(/"): 
61  The  mere  payment  of  rent  would  not  be  equi- 
valent to  a  residence.  The  residence  required 
by  the  Statute  (^)  must  mean  an  actual  occupa- 
tion (A),  for  some  part  of  the  time  specified,  by 
the  party  himself  (actual  residence),  or  an  occu- 
pation (h)  by  his  family  or  servants  (constructive 
residence)." 

(fe)  See  as  to  this  T<mner  v.  Varter  (1885),  16  U.  B.  D.  231 
(university  students). 

(c)  But,  see  as  to  the  exception  expressly  allowed  in  the  present 
Act,  pp.  16 — 23,  infra. 

(d)  Elliott  on  Registration,  2nd  ed.  p.  204,  quoted  with  approval 
by  Erie,  C.J.,  in  Powell  v.  (hiest  (1864),  34  L.  J.  C.  P.  at  p.  70. 

.(«)  (1844),  7M.  &Gr.  1. 

(/)  Ibid,  at  p.  8. 

(g)  Reform  Act,  1832. 

(h)  The  word  "  occupation  "  is  obviously  used  here  in  a  colloquial 
sense,  and  not  in  the  strict  legal  meaning  discussed  on  pp.  25 — 27, 
infra . 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

*ect.  i  in  the  same  case,  Erie,  J.,  said(/):  "I  think 
that  in  the  Reform  Act  the  intention  of  the 
legislature  was,  that  a  party  who  obtained  a  vote 
by  residing  in  a  borough  should  have  some  local 
interest  there — referring  to  the  ordinary  meaning 
of  the  word  residence,  as  conveying  the  idea  of 
home.  .  .  .  The  fact  of  sleeping  at  a  place, 
indeed,  by  no  means  constitutes  a  residence — 
though,  on  the  other  hand,  it  may  not  be  neces- 
sary for  the  purpose  of  constituting  a  residence 
in  any  place  to  sleep  there  at  all.  If  a  man's 
family  are  living  in  a  borough,  and  he  is  absent 
for  six  months,  but  with  the  intention  of  re- 
turning, he  will  still  be  considered  as  residing 
there/' 

Where  a  person  has  a  house  or  rooms  to  which 
he  is  entitled  to  go,  even  a  considerable  absence 
will  not  break  the  residence  for  the  purpose  of 
qualification  (g).  It  is  submitted,  for  example, 
that  a  munition  worker  who  leaves  a  constituency 
in  which  he  has  his  house  for  a  part  or  even  the 
whole  of  the  qualifying  period,  in  order  to  work 
elsewhere,  will  not  lose  the  residence  qualification 
in  the  constituency  provided  that  he  retains  his 
place  of  abode  in  such  constituency  and  his  right 
and  intention  to  return  there. 

"  A  legal  inability  to  reside  caused  by  the 
voter's  own  act  and  not  by  misfortune  would 


(/)  Reform  Act,  1832,  at  p.  10. 

(g]  Fakoiitr  v.  Duulup  (1890),  W.  N.  (1897)  12-4 ;  see  also  Taylor 
y.  8t.  Mary  Ablott  Overseers  (1870),  L.  B.  o  0.  P.  309;  Bond  v. 
St.  George,  Hanover  Square,  Overseers,  ibid.  312. 


MEANING  OF  RESIDENCE. 

break  the  residence  "  (h).  Thus,  imprisonment  Sect,  l. 
following  upon  a  conviction  of  a  criminal  offence, 
for  a  substantial  part  of  the  qualifying  period, 
was  held  to  have  prevented  the  voter  from  having 
obtained  the  residence  qualification  in  his  own 
home  under  sect.  27  of  the  Reform  Act,  1832. 

The  same  principle  applies  where  the  voter, 
being  a  civilian,  has  voluntarily  incapacitated 
himself  from  residing  in  the  constituency,  e.g. 
where  a  clerk  is  bound  under  articles  to  a  solicitor 
not  to  leave  his  place  of  employment  outside  the 
constituency  without  the  solicitor's  permission  (»'). 
As  to  the  position  of  sailors  and  soldiers  and  other 
persons  engaged  in  service  of  a  naval  or  military 
character,  see  pp.  76 — 90,  infra. 

From  what  has  been  said  above,  it  is  clear  that  a 
person  can  obtain  the  residence  qualification  with- 
out having  any  estate  in  the  premises  in  which  he 
resides.  Thus,  a  son  living  in  his  father's  house 
may  thereby  obtain  the  residence  qualification. 

It  should  be  noticed  that  by  sect.  41  (5)  of  the 
present  Act:  "A  person  who  is  an  inmate  or 
patient  in  any  prison,  lunatic  asylum,  workhouse, 
poorhouse,  or  any  other  similar  institution  shall 
not  by  reason  thereof  be  treated  as  resident 
therein  for  any  purpose  of  this  Act." 

The  fact  that  the  object  of  the  residence  is  to 

(/*)  Per  Byles,  J.,  in  Pa  well  v.  Guest  (18(54),  34  L.  J.  C.  P.  at 
p.  71.  See  also  Ford  v.  Pye  (1873),  9  0.  P.  269  ;  Ford  v.  Hart,  i/>i<L 
273;  Beal  v.  Town  Ckrk  of  Kxeter  (1887),  20  Q.  B.  D.  300. 

(i)  Ford  v.  Drew  (1879),  5  0.  P.  I).  59.  It  should  be  noticed 
that  the  present  Act  repeals  the  Electoral  Disabilities  Removal  Act, 
1891  (54  &  55  Viet.  c.  11),  which  provided  that  non-residence  caused 
by  absence  on  duty,  not  exceeding  four  months  at  any  one  time, 
should  not  disqualify. 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  i.  obtain  a  vote  is  in  itself  no  objection,  but  will  be 
taken  into  account  in  determining  whether  there 
is  a  real  bond  fide  residence  (k\ 

By  sect.  7  (2)  of  the  present  Act  "  residence 
in  a  house  .  .  .  shall  not  be  deemed  to  be  inter- 
rupted for  the  purposes  of  this  Act  by  reason  only 
of  permission  being  given  by  letting  or  otherwise 
for  the  occupation  of  the  house  as  a  furnished 
house  by  some  other  person  for  a  part  of  the 
qualifying  period  not  exceeding  four  months  in 
the  whole,  or  by  reason  only  of  notice  to  quit 
being  served  and  possession  being  demanded  by 
the  landlord  of  the  house." 

The  meaning  of  the  word  "  house"  in  this  sub- 
section is  not  free  from  doubt.  It  is  submitted, 
however,  that  the  word  "  house"  here  is  used  in 
the  meaning  in  which  it  has  been  interpreted  by 
the  Courts  in  construing  the  word  in  sect.  27  of 
the  Reform  Act,  1832,  which,  like  the  present 
Act,  contains  no  definition  or  reference  to  the 
meaning  of  the  word.  In  that  section  the  fol- 
lowing words  are  used:  "Every  male  person 
.  .  .  who  shall  occupy  ...  as  owner  or  tenant 
any  house  .  .  .  shall  if  duly  registered  ...  be 
entitled  to  vote  .  .  ." 

In  Cook  v.  Humber(l),  Erie,  C.J.,  in  delivering  the 
considered  judgment  of  the  Court  of  Common  Pleas 
(Erie,  C.J.,  Williams,  Keating  and  Byles,  JJ.), 
said : — "  Cases  may  be  put  where  he  (the  claimant) 
would,  as  tenant  or  occupier,  be  qualified,  although 
the  key  should  be  withheld;  for  if  that  which  is  one 

(£•)    Whitlic-rn  v.  Thomas  (1844),  7  M.  &  Or.  3. 
(0  (1862),  31  L.  J.  C.  P.  at  p.  76. 


MEANING  OF  "  HOUSE."  17 

house  in  one  sense,  being  under  one  roof,  be  Sect.  i. 
divided  by  the  structure  into  several  flats,  consti- 
tuting several  houses  in  another  sense,  has  one 
outer  door  to  the  street,  of  which  a  porter  has  the 
key  and  the  sole  control  for  the  security  of  the 
tenants,  each  flat  is  a  sufficient  tenement,  and 
the  qualification  is  gained,  though  the  tenant 
have  no  key  to  the  outer  door ;  and  it  is  the  same 
though  the  porter  resides  on  one  of  the  flats,  and 
is  owner  of  all  the  rooms  under  the  roof.  Again, 
if  the  occupier  is  tenant,  it  seems  to  us  imma- 
terial to  inquire  whether  he  has  an  uncontrolled 
access  to  the  house.  If,  for  instance,  a  house  is 
let  to  A.,  without  any  access,  except  across  the 
yard  of  B.,  and  B.  neither  gives  nor  refuses  leave 
to  A.  to  pass  over  the  yard,  the  mere  liability  to 
interruption  of  the  access  would  not  prevent  his 
being  qualified.  And  again,  it  seems  immaterial 
to  inquire  whether  the  tenant  of  a  house  has 
exclusive  possession,  that  is,  possession  free  from 
servitudes  or  rights  of  entry  reserved  to  the 
landlord  :  such  servitudes  and  rights  of  entry 
affect  the  value  of  the  tenement,  but  not  the 
sufficiency  in  kind." 

In  Henrette  v.  Booth  (m)  the  facts  were  as  fol- 
lows :  The  claimant  was  tenant  of  the  whole  of 
the  upper  floor  of  a  building;  his  holding  con- 
sisted of  two  rooms,  opening  on  to  the  common 
staircase.  The  staircase  was  approached  from 
the  street  by  a  passage  at  the  end  of  which,  next 
to  the  street,  was  a  door,  which  could  be  closed, 


F. 


(m)  (1863),  33  L.  J.  C.  P.  at  p.  61. 


18  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  i.  but  had  no  lock  or  fastening  of  any  kind.  The 
other  floors  were  occupied  by  other  tenants  in  a 
similar  way.  The  claimant  had  exclusive  control 
of  the  door  leading  to  his  own  two  rooms,  which 
were  completely  severed  from  the  rest  of  the 
building.  In  delivering  judgment,  Erie,  C.J., 
said(w):  "I  am  of  opinion  that  .  .  .  the  voter 
is  entitled  to  the  franchise.  I  think  he  was  the 
tenant  of  a  house  within  the  meaning  of  the  2  & 
3  Will.  4,  c.  45  (nn\  s.  27  as  explained  in  the  case 
of  Cook  v.  ff timber  (o).  He  occupied  the  whole  of 
the  upper  floor,  and  the  part  of  the  building 
which  was  occupied  by  him  communicated  with 
the  landing  on  the  staircase  by  one  outer  door, 
over  which  he  had  exclusive  control.  It  is  also 
stated  in  the  case  that  there  are  other  floors 
occupied  by  other  tenants,  and  that  all  the  tenants 
have  access  to  their  respective  holdings  from  the 
street  through  a  doorway  at  the  entrance  of  a 
passage  which  leads  to  the  common  staircase  of 
the  building.  In  this  doorway  there  is  a  door 
which  has  no  lock  or  fastening  of  any  kind. 
That,  I  think,  makes  the  voter  the  tenant  of  a 
house  within  the  meaning  of  the  statute.  We 
have  felt  great  difficulty  in  coming  to  a  definite 
idea  of  what  is  a  house  within  the  meaning  of 
the  statute,  when  once  it  is  assumed  that  there 
may  be  several  houses  under  one  roof;  but  we 
have  felt  bound  to  hold,  notwithstanding,  that 
there  may  be  such  houses,  and  we  must,  there- 


(«)  (1863),  33  L.  J.  C.  P.  at  pp.  62,  63. 

(mi)  Keforni  Act,  1832. 

(o)  (1862),  31  L.  J.  0.  P.  73. 


MEANING  OF  "  HOUSE."  19 

fore,  lay  down  rules  for  deciding  what  is  a  house  Sect-  *• 
and  what  is  not,  as  clearly  as  we  can.  One 
matter  that  the  Court  has  considered  with  re- 
ference to  this  subject  is,  that  there  would  be 
great  complication,  if  a  building,  which  had  been 
so  constructed  in  other  respects  with  reference  to 
its  internal  arrangements,  as  that  it  should  be 
considered  as  divided  into  several  houses  for  the 
purpose  of  the  franchise,  should,  merely  because 
an  outer  door  was  added,  be  considered  to  be  one 
house  only.  And  in  Cook  v.  Number  (p)  we  en- 
deavoured to  point  out  this,  and  also  that  the 
question,  whether  the  subject  of  occupation  was 
a  separate  house,  did  not  depend  solely  on  the 
presence  or  absence  of  the  landlord,  or  on  the 
circumstance  whether  the  tenant  had  or  had  not 
a  key  of  the  outer  door.  ...  I  think  that  the 
facts  of  the  present  case  show  as  complete  an 
analogy  between  this  claim  and  that  for  chambers 
in  the  Inns  of  Courts,  or  any  of  the  other  recog- 
nized cases  of  separate  holdings,  which  -constitute 
several  house>s  with  a  common  staircase  under  one 
roof,  as  there  possibly  can  be.  .  .  ." 

In  the  same  case,  Williams,  J.,  said  (q) : — 
"I  am  of  the  same  opinion.  We  are  bound  to 
abide  by  the  opinion  which  we  expressed  in  Cook 
v.  Number  (r),  that  part  of  a  building  may  confer 
the  franchise  if  there  be  an  entirely  independent 

(p)  (1862),  31  L.  J.  C.  P.  73. 

(g)  (1863),  33  L.  J.  C.  P.  at  p,  63. 

(r)  (1862),  31  L.  J.  0.  P.  73. 

2(2) 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect,  i.  occupation  of  it,  and  it  be  actually  severed  from 
the  rest  of  the  building,  so  as  to  form,  in  fact,  a 
separate  house.  It  is  impossible  to  deny  that 
there  is  difficulty  in  saying  precisely  in  what  a 
separate  house  consists.  It  is  admitted,  however, 
that  if  a  building  be  divided  into  what  are  com- 
monly called  chambers,  these  are  actually  severed. 
Nor  does  it  seem  to  me  that  it  would  necessarily 
be  otherwise,  if  there  was  a  door  which  separated 
all  the  chambers  from  the  street,  and  which  might 
be  closed  if  the  inmates  were  so  minded.  .  .  ." 

Keating,  J.?  said  (s)  : — "  The  cases  necessarily 
run  very  close  to  each  other.  But  looking  to  the 
facts  as  found  in  this  case,  I  come  to  the  conclu- 
sion, without  difficulty,  that  this  voter  was  the 
tenant  of  a  house  within  the  meaning  of  the 
statute,  as  explained  in  Cook  v.  Humber.  There 
was  no  other  door  between  him  and  the  street 
except  that  leading  on  to  the  staircase ;  for  the 
mere  flap  without  a  fastening  cannot  be  considered 
as  a  door  for  the  purpose  which  we  are  now 
considering." 

It  appears  from  the  above  judgments  that 
structural  severance  is  necessary  in  order  that 
premises  should  be  a  " house"  within  the  meaning 
of  sect.  27  of  the  Eeform  Act,  1832,  and  by 
analogy  within  the  meaning  of  sect.  7  (2)  of  the 
present  Act. 

The  applicability  of  this  view  of  the  meaning 
of  the  word  " house"  to  the  present  Act  is 
strengthened  by  the  fact  that  elsewhere  in  sect.  1 

(«)  (1863),  33  L.  J.  C.  P.  at  p.  63. 


MEANING  OF  "  HOUSE."  21 

the  word  " premises"  is  used  to  describe  the  Sect.  i. 
subject  of  residence  and  occupation,  so  that  if 
the  Legislature  had  intended  that  the  provision 
now  under  discussion  should  apply  to  all  kinds 
of  premises  in  which  a  man  resides,  the  word 
"premises"  would  have  been  used  instead  of  the 
word  "  house." 

It  may  be  well  to  point  out  that  the  word 
"  dwelling-house,"  which  occurs  in  sect.  3  of  the 
Representation  of  the  People  Act,  1867,  was 
defined  by  sect.  61  of  that  Act,  and  that  the 
word  "house"  was  defined  in  sect.  5  (t)  of  the 
Parliamentary  and  Municipal  Registration  Act, 
1878,  and  sect.  31  (a)  of  the  Municipal  Corpora- 
tions Act,  1882. 

The  interpretation  placed  by  the  Courts  on  the 
words  "  dwelling-house "  and  "house"  in  the 
Acts  just  mentioned  depended  largely  on  the 
express  words  of  the  definitions  in  those  Acts, 
and  it  is  therefore  submitted  that  the  cases  (u)  in 
which  the  words  in  question  in  those  Acts  were 
interpreted  throw  no  light  upon  the  meaning  of 
the  word  "house"  in  the  present  Act.  These 
definitions  expressly  include  in  the  meaning  given 
to  the  words  "house"  and  "dwelling-house" 
premises  other  than  those  included  in  the  word 
"house"  as  interpreted  in  the  judgments  in  Cook 

(i)  Repealed  by  the  present  Act,  s.  47  (1),  and  Eighth  Schedule. 
See  p.  397,  infra.  For  this  definition,  see  p.  50,  infra. 

(u)  Thompson  v.  Ward,  Ellis  v.  Burch  (1871),  L.  B.  6  C.  P.  327  ; 
Boon  v.  Howard  (1874),  L.  E.  9  C.  P.  277;  Allchurch  v.  Hendon 
Union,  (1891)  2  Q.  B.  436  (C.  A.). 


22  •  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  i.  v.  Humber  (v)  and  Henrettev.  Booth  (%},  but  it  is 
submitted  that  these  judgments  supply  the  true 
test  of  the  meaning  of  the  word  "  house  "  in  the 
present  Act  by  reason  of  the  fact  that  the  judges 
were  there  construing  the  word  in  an  Act  which 
like  the  present  contained  no  definition  of 
"  house."  It  should  also  be  noticed  that 
sect.  41  (8)  of  the  present  Act  follows  the  Act  of 
1867  in  expressly  including  in  the  meaning  of 
the  word  "  dwelling-house  "  "  any  part  of  a  house 
where  that  part  is  occupied  separately  as  a  dwell- 
ing-house." The  fact  that  the  Acts  referred  to 
above  contained  definitions  of  the  words  "  house  " 
and  "  dwelling-house  "  and  that  the  present  Act- 
deals  expressly  with  the  meaning  of  the  word 
"  dwelling-house  "  whilst  leaving  the  word 
"  house  •"  undefined,  is  a  strong  argument  against 
the  applicability  of  these  definitions  to  the  word 
" house"  in  the  present  Act,  and  in  favour  of  the 
meaning  given  to  the  word  in  the  judgments 
mentioned  above. 

There  would  appear  to  be  no  necessity  for  the 
four  months  referred  to  in  sect.  7  (2),  set  out  on 
p.  16,  supra,  to  be  four  consecutive  months.  It 
should  also  be  observed  that  the  period  of  letting 
may  be  more  than  four  months  in  the  whole 
without  disfranchising  the  elector,  provided  that 
such  period  is  in  two  and  not  one  qualifying 
period. 

Further,  not  only  is  the  residence  of  a  lessor 

(v]  (1862),  31  L.  J.  C.  P.  73. 
(x)  (1863),  33  L.  J.  C.  P.  61. 


SUCCESSIVE  RESIDENCE.  23 

deemed  to  be  unbroken  during  the  time  his  house      Sect.  l. 
is  let,  but  it  is  clear  that  the  tenant  may  also 
obtain  the  benefit  of  his  residence  towards  his 
qualification  for  the  franchise  during  such  time 
as  he  resides  in  the  house  of  which  he  is  tenant. 

The  provision  in  sect.  7  (2)  set  out  on  p.  16, 
supra,  in  so  far  as  it  deals  with  notice  to  quit,  is 
unnecessary  in  the  case  of  residence. 

As  to  the  meaning  of  the  word  premises  in 
relation  to  the  residence  qualification,  the  Act 
contains  no  definition,  and  indeed  the  words  in 
premises  in  sect.  1  (2) (a)  appear  to  be  surplusage. 
Provided  that  a  man  resides  in  the  constituency, 
it  is  immaterial  what  is  the  nature  or  value  of  the 
premises  in  which  he  resides. 

It  should  also  be  remembered  in  this  connection 
that  a  man  may  during  the  course  of  a  qualifying 
period  move  in  immediate  succession  from  one  set 
of  premises  to  another  in  the  constituency  (y\ 
or  a  neighbouring  constituency  as  described  in 
sect.  2  (b),  without  losing  his  qualification,  pro- 
vided that  he  does  not  cease  to  reside. 

This  materially  extends  the  meaning  of  what 
was  formerly  known,  in  relation  to  the  occupation 
franchise,  as  "  successive  occupation."  Thus, 
bearing  in  mind  that  the  administrative  county 
of  London  is,  for  the  purposes  of  sect.  1  (2),  to  be 
treated  as  a  parliamentary  borough,  a  man  may 
move  his  residence  in  London  freely  during  the 
qualifying  period  in  any  constituency  in  London. 

(*/)  As  to  the  meaning  of  the  word  "constituency,"  see  p.  3, 

footnote  («),  supra. 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect,  i.  He  may  also  move,  e.g.,  into  any  constituency 
within  the  parliamentary  counties  of  Essex  or 
Kent,  as  such  parliamentary  counties  at  some 
point  touch  the  boundaries  of  the  administrative 
county  of  London. 

As  to  the  manner  in  which  a  t  i  naval  or  military 
voter "  can  obtain  the  residence  qualification,  see 
sect.  5,  pp.  76—79,  and  pp.  86—90,  91—93, 
infra. 

(b)  The  requisite  business  premises  qualifica- 
tion.— In  order  to  have  this  qualification  a  man 
(i)  must  on  the  last  day  of  the  qualifying 
period  be  occupying  business  premises  in  the 
constituency  (»,  and  (ii)  must  during  the  whole 
of  the  qualifying  period  have  occupied 
business  premises  in  the  constituency  or  in 
another  constituency  within  the  same  parlia- 
mentary borough  or  parliamentary  county  or 
within  a  parliamentary  borough  or  parlia- 
mentary county  contiguous  to  that  borough  or 
county  or  separated  from  that  borough  or  county 
by  water,  not  exceeding  at  the  nearest  point  six 
miles  in  breadth  measured  in  the  case  of  tidal 
water  from  low-water  mark.  For  this  purpose 
the  administrative  county  of  London  shall  be 
treated  as  a  parliamentary  borough  (2). 

As  to  the  meaning  of  the  words  on  the  last 
day  of  the  qualifying  period,  see  pp.  9,  10, 
supra. 

(y]  As  to  the  meaning  of  the  word  "constituency,"  see  p.  3, 
footnote  (it),  supra. 

(z)  See  sect.  1  (2),  (b),  set  out  on  p.  2,  supra. 


MEANING  OF  OCCUPATION. 

It  should  be  noticed  that  in  the  case  of  the  Sect.  i. 
business  premises  qualification  the  requirements 
of  sect.  1  (2)  (a)  are  satisfied  by  occupation  on 
the  last  day  of  the  qualifying  period,  even  in  the 
case  of  successive  occupation,  without  any  addi- 
tional period  such  as  is  required  in  the  case  of 
the  residence  qualification  (a). 

In  the  case  of  the  business  premises  qualifica- 
tion, as  in  that  of  the  residence  qualification, 
there  is  no  necessity  for  the  land  or  premises 
occupied  to  be  the  same  during  the  whole  of  the 
qualifying  period,  provided  such  land  or  premises 
are  occupied  in  immediate  succession  and  are 
within  the  requisite  limits  (aa). 

The  meaning  of  the  words  occupying  in  sect. 
1  (2)  (a)  and  occupied  in  sect.  1  (2)  (b),  like  the 
meaning  of  "  residence,"  raises  difficulties. 

In  Cook  v.  Humber(b),  Erie,  C.J.,  in  considering 
the  meaning  of  occupation  in  relation  to  sect.  27 
of  the  Reform  Act,  1832,  defined  "  occupation  " 
as  "  actual  exercise  of  the  rights  of  the  owner 
in  possession  during  the  requisite  time." 

This  is  apparently  the  only  judicial  definition 
of  the  word  u  occupation  "  in  relation  to  the  par- 
liamentary franchise.  Although  it  may  perhaps 
be  doubted  (<?)  whether  any  useful  purpose  is 
served  by  referring  to  judgments  which  deal 
with  the  meaning  of  the  word  in  relation  to  a 

(a)  See  pp.  10,  11,  supra. 

(aa)  See  sect.  1  (2)  (b),  pp.  2,  3,  supra.     See  also  pp.  22—24. 
(fc)  (1862),  31  L.  J.  C.  P.  at  p.  75. 

(c)  See  the  observations  of  Denman,  C.J.,  in  Rex  v.  Inhabitants 
of  St.  Nicholas  (ISM],  5  B.  &  Ad.  at  p.  226  ;  see  also  p.  11,  supra. 


26  REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 

.  subject-matter  other  than  that  of  the  franchise, 
the  observations  made  by  Lush,  J.,  in  Reg.  v. 
St.  Pancras  Assessment  Committee  (d)  appear  to  be 
so  wide  as  to  be  worth  quoting  in  connection 
with  the  question  now  under  consideration. 
"  Occupation  includes  possession  as  its  primary 
element,  but  it  also  includes  something  more. 
Legal  possession  (e.g.  the  possession  of  the  owner 
of  a  vacant  house)  does  not  of  itself  constitute  an 
occupation." 

The  cases  decided  under  sect.  27  of  the  Reform 
Act,  1832  (e\  as  to  the  meaning  of  occupation  of 
any  warehouse,  counting-house,  shop,  or  other 
similar  building,  may  be  usefully  referred  to  as 
throwing  light  on  the  meaning  of  the  words 
"  occupying"  and  "  occupied "  in  sect.  1  (2) 
and  (3)  of  the  present  Act.  Under  that  section 
it  was  decided  that  the  occupation  required  need 
not  be  actual  occupation  by  the  elector  himself, 
but  might  be  constructive.  Thus  it  was  held 
that  there  was  occupation  by  the  voter  of  a 
warehouse,  being  part  of  a  house,  where  his 
goods  were  kept  in  the  warehouse,  although 
no  one  lived  in  the  house  (/),  of  a  counting- 
house  (part  of  a  house)  where  he  used  it  by 
himself  or  his  clerks  for  the  purposes  of  his 
business  during  the  day,  although  such  counting- 

((/)  (1877),  2  Q.  B.  D.  at  p.  588. 

(?)  It  is  submitted  that  the  words  occupying  business  premises 
will,  generally  speaking,  have  much  the  *ame  effect  as  the  words 
"  shall  occupy  as  owner  or  tenant  any  .  .  .  warehouse  or  counting- 
house,  shop  or  other  building." 

(/)  Daniel  v.  Coidsting  (1845),  7  M.  &  Gr.  122. 


MEANING  OF  OCCUPATION.  27 

house  might  be  locked  up  and  left  without  anyone  Sect.  1. 
in  it  at  night  (g),  of  a  shed  on  a  wharf  used  by  a 
wharfinger  for  keeping  in  it  his  barrows,  shovels 
and  baskets  (h),  of  a  shed  used  by  a  market 
gardener  for  storing  potatoes  (*'),  of  a  stone  build- 
ing on  a  piece  of  land,  the  building  in  which  he 
kept  guano  and  other  manure  used  for  the  pur- 
poses of  the  land  (/). 

Having  regard  to  the  definitions  and  cases  re- 
ferred to  above,  it  would  appear  that  in  order 
that  there  should  be  occupation  within  the  mean- 
ing of  section  1  of  the  present  Act  two  conditions 
must  be  fulfilled:  (1)  There  must  be  the  exercise 
of  the  rights  of  ownership  by  the  person  to  be 
registered,  whether  such  person  is  or  is  not  the 
owner,  and  (2)  there  must  be  actual  user  for  the  - 
purpose  of  the  business,  profession  or  trade  of 
such  person. 

It  should  be  noticed  that  by  sect.  7  (2)  "  .  .  . 
the  occupation  of  a  house  shall  not  be  deemed  to 
be  interrupted  for  the  purposes  of  this  Act  by 
reason  only  of  permission  being  given  by  letting 
or  otherwise  for  the  occupation  of  the  house  as  a 
furnished  house  by  some  other  person  for  part  of 
the  qualifying  period  not  exceeding  four  months 
in  the  whole,  or  by  reason  only  of  notice  to  quit 
being  served  and  possession  being  demanded  by 
the  landlord  of  the  house  ;  .  .  ."  This  sub-section 

(<j)  Downing  v.   Luckett  (1847),    17  1,.   J.   C.   P.   31  ;    Piercy  v. 
Maclean  (1870),  L.  E.  5  C.  P.  252. 

(h]  Watson  v.  Cotton  (1847),  17  L.  J.  C.  P.  68. 
(*)  Poiveli  v.  Farmer  (1865),  34  L.  J.  C.  P.  71. 
(/)  Morish  v.  Harris  (1865),  L.  E,  1  C.  P.  155. 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

8ect-  i-     applies,  as  will  be  observed,  only  to  the  occupation 
"  of  a  "  house  "(*). 

The  case  of  a  house  which  is  used  "  for  the 
purpose  of  the  business,  profession  or  trade  of  the 
person  to  be  registered  "  being  let  furnished  will 
no  doubt  arise  rarely.  The  provision  as  to  notice 
to  quit  is  inserted  to  meet  the  cases  in  which  it 
was  held  (/),  under  sect.  5  of  the  Representation 
of  the  People  Act,  1884,  that  a  notice  to  quit 
coupled  with  a  demand  of  possession  by  the  land- 
lord broke  the  occupation. 

The  expression  business  premises  is  defined 
in  sect.  1  (3)  as  land  or  other  premises  of  the 
yearly  value  of  not  less  than  ten  pounds  occu- 
pied for  the  purpose  of  the  business,  profession 
or  trade  of  the  person  to  be  registered. 

The  words  land  or  other  premises  include  any 
piece  of  land  and  any  kind  of  structure,  erec- 
tion or  building  of  whatever  nature  or  any  part 
thereof  provided  they  are  occupied  (m)  for  the 
purpose  of  the  business,  profession  or  trade  of 
the  person  to  be  registered. 

As  to  the  words  of  the  yearly  value  of  not 
less  than  ten  pounds,  it  is  provided  by  sect. 
41  (9)  of  the  present  Act  that "  the  yearly  value 
of  land  or  premises  shall  be  taken  to  be  the  gross 
estimated  rental  or  in  the  metropolis  the  gross 

(&)  As  to  the  meaning  of  "  house  "  (within  which  some  "  business 
premises"  will  and  some  will  not  come),  see  pp.  16  —  22,  supra. 

(1}  Strachan  v.  Binnie  (1888),  15  Ct.  of  Sess.  Gas.  308;  Holland 
v.  Chambers,  .Devine's  Case,  (1894)  2  Ir.  E.  442. 

(m)  See  pp.  25 — 27,  supra. 


MEANING  OF  YEARLY  VALUE.  : 

value  where  those  premises  are  separately  assessed  Sect.  i. 
to  rates,  and  in  any  other  case  shall  be  deemed 
to  be  the  amount  which  would  in  the  opinion  of 
the  registration  officer  be  the  gross  estimated 
rental  or  gross  value  as  the  case  requires  if  they 
were  separately  assessed." 

The  expression  "  gross  estimated  rental"  is 
defined  by  sect.  15  of  the  Union  Assessment 
Committee  Act,  1862,  as  "  the  rent  at  which  the 
hereditament  might  reasonably  be  expected  to 
let  from  year  to  year  free  of  all  usual  tenant's 
rates  and  taxes  and  tithe  commutation  rent- 
charge,  if  any." 

The  gross  estimated  rental  forms  a  step  in  the 
ascertainment  of  the  rateable  value,  which  is  an 
estimate  "  of  the  rent  at  which  the  (premises) 
might  reasonably  be  expected  to  let  from  year  to 
year  free  of  all  usual  tenant's  rates  and  taxes  and 
tithe  commutation  rentcharge  if  any  and  deduct- 
ing therefrom  the  probable  average  annual  cost 
of  the  repairs  insurance  and  other  expenses  if 
any  necessary  to  maintain  them  in  a  state  to 
command  such  rent  "  (n). 

As  to  the  words  * { or  in  the  metropolis  the  gross 
value,"  it  should  be  noticed  that  in  the  Valuation 
(Metropolis)  Act,  1869,  which  governs  rating  in 
the  metropolis  (0),  "gross  value"  is  substituted  . 
for  the  expression  "  gross  estimated  rental  'f  which 

(n}  Parochial  Assessments  Act,  1836,  8.  1.  The  definition  of 
rateable  value  in  the  metropolis  is  substantially  the  same.  See 
sect.  4  of  the  Valuation  (Metropolis)  Act,  1869. 

(o)  As  to  the  meaning  jof  "metropolis,"  see  sects.  3,  4  of  the 
Valuation  (Metropolis)  Act,  1869  (32  &  33  Viet.  c.  67). 


30 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect,  i.  appears  in  the  Union  Assessment  Committee  Act, 
1862,  s.  15,  but  the  meaning  of  these  two  ex- 
pressions as  defined  in  the  two  Acts  is  the  same. 
The  gross  estimated  rental  of  all  premises  outside 
the  metropolis  that  are  separately  assessed  to 
rates  appear  in  the  valuation  lists  (r),  and  in  the 
case  of  the  metropolis  the  gross  value  of  all  pre- 
mises that  are  separately  assessed  appears  in  the 
valuation  lists  relating  to  the  metropolis  (*). 

In  Cook  v.  Butler  (t)  it  was  held,  that  the 
words  " rateable  value  of  121.  or  upwards"  in 
sect.  6  (2)  of  the  Representation  of  the  People 
Act,  1867,  meant  real  rateable  value  and  not 
necessarily  the  rateable  value  which  appears  in 
the  rate-book.  It  is,  however,  submitted  that 
in  view  of  the  words  used  in  sect.  41  (9)  of  the 
present  Act  quoted  above  (w),  and  the  distinction 
drawn  between  premises  which  are  separately 
assessed  and  those  which  are  not,  and  the  refe- 
rence to  the  opinion  of  the  registration  officer  in 
the  latter  case  only,  the  gross  estimated  rental 
and  gross  value,  as  the  case  may  be,  appearing 
in  the  valuation  list  is,  under  the  present  Act, 
conclusive  as  to  the  yearly  value  of  premises 
which  are  separately  assessed  to  rates. 

Where  premises  are  not  separately  assessed  to 

• 

(r)  Union  Assessment  Committee  Act,  1862,  ss.  14,  27,  and 
Schedule. 

(s)  Valuation  (Metropolis)  Act,  1869,  ss.  14,  51,  and  Second 
Schedule. 

(<)  (1872),  8  C.  P.  256. 

(«)  See  pp.  28,  29,  supra. 


MEANING  OF  YEARLY  VALUE.  31 

rates  it  becomes,  by  sect.  41.  (9)  quoted  above  (#),  Sect.  i. 
the  duty  of  the  registration  officer  to  form  an 
opinion  as  to  what  would  be  the  gross  estimated 
rental  (or  gross  value)  if  the  premises  were  sepa- 
rately assessed.  In  forming  his  opinion  it  is 
submitted  that  the  registration  officer  must  be 
governed  by  the  law  applicable  to  overseers  or 
assistant  overseers  in  estimating  the  gross  esti- 
mated rental  (and  gross  value). 

The  principles  upon  which  the  rateable  value, 
in  the  ascertainment  of  which  the  gross  estimated 
rental  (or  gross  value)  is,  as  was  pointed  out  above, 
a  step,  were  stated  as  follows  by  the  Court  of 
Queen's  Bench  (Blackburn,  Quain  and  Archi- 
bald, JJ.),  in  Mersey  Docks  v.  Liverpool  (w\  in  a 
considered  judgment  which,  as  Lord  Esher,  M.R., 
said(#),  "  is  and  has  always  been  held  to  be  the 
foundation  of  all  the  subsequent  decisions  upon 
this  matter''  : — 

"Where  the  hereditaments,  or  hereditaments 
of  a  similar  kind,  are  in  practice  actually  let  at  a 
rent,  the  amount  of  which  is  ascertained  by  what 
has  been  called  '  the  higgling  of  the  market,5 
the  application  of  this  definition  (y)  is  easy  and 
simple. 

"  Where  the  hereditaments  are  not  in  practice 
let,  the  problem  becomes  more  difficult.  The 
facts  and  circumstances,  which  would  be  taken 

(v)  See  pp.  28,  29,  supra, 
(w)  (1873),  L.  R.  9  Q.  B.  at  pp.  96,  97. 
(x]  Dodds  v.  South  Shields  Union,  (1895)  2  Q.  B.  at  p.  136. 
(y}  I.e.,  the  definition  of  rateable  value  in  the  Parochial  Assess- 
ment Act,  1836,  s.  1,  which  is  set  out  on  p.  29,  supra. 


32  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect,  i.  into  consideration  by  those  who  in  the  case  of  a 
real  tenancy  do 'in  the  higgling-  of  the  market  fix 
the  rent,  are  to  be  taken  into  consideration,  and 
on  a  view  of  all  those  the  net  annual  value  of  the 
occupation  is  to  be  determined ;  and  in  many 
cases  the  amount  that  is  made  by  the  trade  carried 
on  by  the  occupier's  occupation,  less  an  allowance 
for  the  profits  which  the  tenant  might  elsewhere 
make  by  his  trade,  is  an  important  element  in 
the  evidence  of  the  annual  value.  In  such  a 
case  as  Reg.  v.  Southampton  Docks  (2)  they  were 
properly  allowed ;  but  it  is  not  always  so. 

"  If  the  hereditaments  are  such  as  to  afford 
peculiar  facilities  for  carrying  on  any  kind  of 
business,  that  facility  does,  beyond  all  question, 
enhance  the  value  of  the  occupation ;  but  though 
the  profits  which  may  be  reasonably  expected  to 
arise  from  such  a  business  no  doubt  form  an 
element  in  estimating  the  enhanced  value  of  the 
occupation  of  the  premises,  the  actual  profits 
made  do  not  form  any  element,  except  in  so  far 
as  they  afford  evidence  of  what  might  be  rea- 
sonably expected  to  be  made  from  the  occupation 
of  premises  affording  facility  for  carrying  on  such 
a  business.  For  instance,  to  explain  our  mean- 
ing, there  can  be  no  doubt  that  the  annual  rent 
of  a  shop  in  Cheapside  is  higher  than  the  annual 
rent  of  a  similar  shop  in  a  back  street ;  and  that 
the  reason  why  tenants  give  a  higher  rent  is 
because  of  the  superior  facility  for  carrying  on 
business  there.  But  the  rent  and  the  rateable 

(z)  17  Q.  B.  83;  20  L.  J.  M.  C.  155. 


MEANING  OF  YEARLY  VALUE.  33 

value  of  the  shop  are  quite  independent  of  the  Sect.  i. 
amount  of  the  shopkeeper's  actual  gains.  The 
rateable  value  is  the  same  whether  the  tenant  is 
a  flourishing  trader  or  is  carrying  on  business  at 
a  loss.  So,  no  doubt,  in  fixing  the  rent  of  cham- 
bers in  one  of  the  Inns  of  Court,  the  facility  for 
carrying  on  the  legal  profession  in  them  is  an 
element,  and  an  important  one,  but  the  actual 
income  of  the  tenant  is  not.  The  chambers 
command  no  more  rent  when  let  to  the  Attorney- 
General  than  they  would  do  if  let  to  a  young 
barrister  just  called  who  does  not  as  yet  pay  his 
expenses." 

In  R.  v.  School  Board  for  London  (a\  Lord 
Esher,  M.R.,  said:  "  The  real  question  is  how 
the  value  is  to  be  ascertained.  The  inquiry  is  not 
as  to  what  rent  is  paid  by  the  actual  occupier. 
The  mode  of  finding  out  the  value  is  laid  down  in 
the  Act(#),  and  it  is  to  ascertain  the  rent  which  a 
tenant  (not  the  tenant)  taking  one  year  with 
another  might  reasonably  be  expected  to  pay; 
it  is  also  implied  that  where  the  owner  occupies, 
he  is  to  be  considered  as  if  he  were  a  tenant. 
The  directions  given  by  the  Act  are  equivalent 
to  saying  that  one  must  look  at  all  possible 
tenants." 

As  to  the  meaning  of  " yearly  value"  in  Scot- 
land, see  sect.  43  (2),  p.  310,  infra,  and  in  Ireland 
sect.  43  (12),  p.  335,  infra. 

(a]  (1886),   17  Q.  B.  D.  at  740;  see  also  the  observations  of 
Bowen  and  Fry,  L.  JJ.,  at  p.  741. 

(6)  Valuation  (Metropolis)  Act,  1869,  s.  4. 

F.  '6 


34  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

_sect.jL.  The  words  occupied  for  the  purpose  of  the 
business,  profession  or  trade  of  the  person  to  be 
registered  require  consideration. 

In  the  language  of  Jessel,  M.R.,  in  Smith  v. 
Anderson  (c) :  "  Business  itself  is  a  word  of  large 
and  indefinite  import.  I  have  before  me  the  last 
edition  of  Johnson's  Dictionary,  edited  by  Dr. 
Latham,  and  there  the  first  meaning  given  of  it 
is  { employment,  transaction  of  affairs '  ;  the 
second,  i  an  affair ' ;  the  third,  '  subject  of  busi- 
ness, affair,  or  object  which  engages  the  care.' 
Then  there  are  some  other  meanings,  and  the 
sixth  is,  '  something  to  be  transacted.'  The 
seventh  is,  '  something  required  to  be  done.' 
Then  taking  the  last  edition  of  the  Imperial 
Dictionary,  which  is  a  very  good  dictionary,  we 
find  it  a  little  more  definite,  but  with  a  remark 
which  is  worth  reading  :  '  Business,  employment ; 
that  which  occupies  the  time  and  attention  and 
labour  of  men  for  the  purpose  of  profit  or  im- 
provement.' That  is  to  say,  anything  which 
occupies  the  time  and  attention  and  labour  of  a 
man  for  the  purpose  of  profit  is  business.  It  is  a 
word  of  extensive  use  and  indefinite  signification. 
Then,  *  Business  is  a  particular  occupation,  as 
agriculture,  trade,  mechanics,  art,  or  profession, 
.  .  .  .'  Therefore  the  Legislature  could  not  well 
have  used  a  larger  word." 

In  the  above  case  the  learned  Master  of  the 
R,olls  was  construing  the  meaning  of  the  word 
•'  business  "  in  sect.  4  of  the  Companies  Act,  1862, 
which  refers  to  u  business  that  has  for  its  object 

(c)  (1880),  15  Oh.  D.  at  p.  258. 


MEANING  OF  "  TRADE.  '  36 

the  acquisition  of  gain."  It  seems  clear  that  in  Sect.  i. 
the  present  Act  the  word  "  business  "  is  applicable 
to  cases  where  there  is  no  profit  or  gain.  In 
Re  Law  Reporting  Council  ($),  where  the  question 
was  whether  the  Council  of  Law  Reporting  were 
entitled  to  exemption  from  duty  as  being  a  body 
"  established  for  any  trade  or  business"  within 
the  meaning  of  sect.  11  (5)  of  the  Customs  and 
Inland  Revenue  Act,  1885,  it  was  held  that  the 
Council  were  entitled  to  exemption  although  they 
did  not  make  a  profit  to  their  own  benefit.  Not- 
withstanding this,  it  was  held  (e)  that  the  Council 
were  in  fact  carrying  on  a  business. 

As  to  the  meaning  of  the  word  "  trade,"  "it  is 
unnecessary  to  refer  to  authorities  to  show  that 
the  word  '  business  '  has  a  more  extensive 
meaning  than  the  word  *  trade.'  It  has  never 
been  doubted  that  farming  was  a  business,  though 
it  could  not  properly  be  called  a  ( trade,'  since  the 
latter  has  the  technical  meaning  of  buying  and 
selling  "(/).  Further,  as  in  the  case  of  business, 
it  is  not  essential  to  the  carrying  on  of  a  trade 
that  the  persons  engaged  in  it  should  make  or 
desire  to  make  profit  by  it "  (y). 

In  considering  whether  a  person  is  or  is  not 
carrying  on  a  business  or  trade,  the  question  of 

(d)  (1888),  22  Q.  B.  D.  291. 

(e)  See  the  observations  of  Lord  Coleridge,  C.J.,  ibid,  at  pp.  293, 
294. 

(/)  Per  Willes,  J.,  in  Harris  v.  Amery  (1865),  35  L.  J.  C.  P.  at 
p.  92. 

((/)  Per  Lord  Coleridge,  C.J.,  in  Rt  Law  Reporting  Council  (IS8S), 
22  Q.  B.  D.  at  p.  293. 

3(2) 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

continuity  may  be  of  importance.  To  quote  one 
of  the  illustrations  given  by  Jessel,  M.R.,  in 
Smith  v.  Anderson  (h\  u  a  man  occasionally  buys 
and  sells  land,  as  many  landowners  do,  and 
nobody  would  say  he  was  a  land-jobber  or  dealer 
in  land,  but  if  a  man  made  it  his  particular 
business  to  buy  and  sell  land  ....  he  would  be 
designated  as  a  land-jobber  or  dealer  in  land." 

The  construction  which  the  Courts  will  put 
upon  the  words  occupied  for  the  purpose  of  the 
business,  profession  or  trade  of  the  person  to  be 
registered  is  not  free  from  doubt.  It  will  be  a 
question  in  each  case  (1)  whether  the  person 
to  be  registered  is  occupying  (i)  the  premises 
and  (2)  whether  the  business,  profession  or  trade 
of  the  person  to  be  registered  is  his  business,  pro- 
fession or  trade.  It  is  submitted  that  there  may 
be  cases  where  an  employer  only  is,  though 
absent,  entitled  to  be  registered,  arid  in  view  of 
the  fact  that  there  are  no  words  in  sect.  1  of  the 
present  Act  limiting  the  occupation  to  that  of 
owner  or  tenant,  as  was  the  case  in  former  Fran- 
chise Acts,  there  may  also  possibly  be  some  cases 
where  the  employee  only  is  entitled  to  be  regis- 
tered, and  where  both  employer,  though  absent, 
and  employee  are  entitled  to  be  registered. 

It  must  be  remembered,  of  course,  that  it  is 
only  where  the  employee  is  in  a  position  of 
authority  that  he  can  possibly  fulfil  the  require- 


(h)  (1880),  15  Ch.  D.  at  p.  260. 
(t)  See  pp.  25 — 28,  supra. 


JOINT  OCCUPIERS. 

merits  of  "  occupation,"  viz.  "the  actual  exercise      Sect.  i. 
of  the  rights  of  the  owner  in  possession  "  (#). 

Sect.  7(1)  provides  that  "where  land  or  pre- 
mises  are   in    the   joint   occupation    of    two   or 
more  persons,  each  of  the  joint  occupiers  shall 
for  the  purposes  of  this  Part  of  this  Act  be  treated 
as  occupying  the  premises  subject  as  follows : — 
(a)  In  the  case  of  the  occupation  of  business 
premises  the  aggregate  yearly  value  of 
the  premises  must  for  the  purpose  of  the 
parliamentary  franchise  be  not  less  than 
the   amount   produced   by   multiplying 
ten  pounds  by  the  number  of  the  joint 
occupiers :  and 

(c)  Not  more  than  two  joint  occupiers  shall  be 
entitled  to  be  registered  in  respect  of 
the  same  land  or  premises  unless  they 
are  bona  fide  engaged  as  partners  carry- 
ing on  their  profession,  trade,  or  business 
on  the  land  or  premises. 

As  to  the  manner  in  which  a  "  naval  or  military 
voter  "  can  obtain  the  business  premises  qualifica- 
tion, see  sect.  5,  pp.  76 — 79,  and  pp.  86 — 90, 
90—91,  infra. 

2.  A  man  shall  be  entitled  to  be  regis-  University 
tered  as  a  parliamentary  elector  lor  a  uni-  (»»). 
versity  constituency1  if  lie  is  of  full  age2  and 

1  See  p.  38,  infra.  2  See  p.  4,  supra. 

(k]  See  the  observations  of  Erie,  C.J.,  in  Cook  v.  Humber,  quoted 
at  p.  25,  supra,  and  also  p.  27,  supra. 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

sect,  a.  not  subject  lo  any  legal  incapacity,3  and  has 
received  a  degree  (other  than  an  honorary 
degree)  at  any  university  forming,  or  forming 
part  of,  the  constituency,  or  in  the  case  of 
the  Scottish  universities  is  qualified  under 
section  twenty-seven  of  the  Representation 
of  the  People  (Scotland)  Act,  1868,4  or  in  the 
case  of  the  University  of  Dublin  has  either 
received  a  degree  (other  than  an  honorary 
degree)  or  has  obtained  a  scholarship  or 
fellowship  in  the  University,  whether  before 
or  after  the  passing  of  this  Act. 

NOTE. — This  section,  similarly  to  sect.  1,  is 
applicable  to  male  persons  only. 

Registered  as  a  parliamentary  elector  for  a 
university  constituency. — As  to  registration  for 
university  constituencies,  see  sect.  19,  pp.  153, 
154,  infra. 

The  words  "  parliamentary  elector  for  a  univer- 
sity constituency"  in  the  above  section  mean  a 
person  who  is  entitled  to  vote  at  an  election  of  a 
member  of  the  House  of  Commons  for  a  con- 
stituency consisting  of  a  university  or  a  combina- 
tion of  universities.  See  sect.  41  (1),  p.  305,  infra. 

Full  age. — See  p.  4,  supra. 

Not  subject  to  any  legal  incapacity. — See 
pp.  4 — 8,  supra. 

Has  received  a  degree  (other  than  an 
honorary  degree)  at  any  university  forming, 
or  forming  part  of,  the  constituency.  -  -  By 

3  See  pp.  4—8,  supra.  4  See  p.  39,  infra. 


UNIVERSITY  FRANCHISE  (MEN). 

sect.  2  of  the  Act  the  receipt  of  any  degree  Sect.  2. 
except  an  honorary  degree  at  any  one  of  certain 
universities  entitles  a  man  who  is  of  full  age  and 
not  subject  to  any  legal  incapacity  to  the  vote  in 
a  university  constituency  in  England,  Wales  or 
Ireland.  Thus,  a  Bachelor  of  Arts  of  the  Uni- 
versity of  Oxford,  who  prior  to  this  Act  had  no 
vote  in  virtue  of  his  degree,  is  now  in  the  same 
position  in  regard  to  the  franchise  as  a  Doctor  of 
Divinity  or  a  Master  of  Arts  of  that  university. 

The  universities  in  England  and  Wales  which 
form  a  constituency  or  part  of  a  constituency 
are  mentioned  in  the  Ninth  Schedule,  Part  III., 
p.  554,  infra. 

In  the  case  of  the  Scottish  Universities 
is  qualified  under  section  twenty-seven  of 
the  Representation  of  the  People  (Scotland) 
Act,  1868. — Sect.  27  of  the  Representation 
of  the  People  (Scotland)  Act,  1868,  enacts 
that  "  the  Chancellor,  the  Members  of  the  ' 
University  Court,  and  the  professors  for  the 
time  being  of  each  of  the  Universities  of  Scot- 
land, and  also  every  person  whose  name  is  . 
for  the  time  being  on  the  register  ....  of  the 
General  Council  of  such  University  shall  if  .... 
of  full  age,  and  not  subject  to  any  legal  incapacity, 
be  entitled  to  vote  in  the  election  of  a  member  to 
serve  in  any  future  Parliament  for  such  Uni- 
versity. .  .  ." 

There  is  only  one  Scottish  university  constitu- 
ency, formed  by  the  universities  of  St.  Andrews, 
Glasgow,  Aberdeen,  and  Edinburgh. 


40  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

sect.  2.         As  to  u  naval  or  military  voters,"  see  sect.  5, 
"  pp.  76—79,  and  pp.  86,  87,  90,  infra. 

Local  3. — A  man  shall  be  entitled  to  be  regis- 

gOTernmeiit 

franchise       tered   as  a  local  government  elector  for  a 

(men).  ° 

local  government  electoral  area1  if  he  is  of 
full  age2  and  not  subject  to  any  legal  inca- 
pacity,8 and— 

(a)  is  on  the  last  day  of  the  qualifying 

period  occupying  as  owner  or 
tenant,4  any  land  or  premises  in 
that  area5 ;  and 

(b)  has,  during  the  whole  of  the  qualifying 

period,  so  occupied  any  land  or 
premises  in  that  area,  or,  if  that 
area  is  not  an  administrative  county 
or  a  county  borough,  in  any  admini- 
strative county  or  county  borough 
in  which  the  area  is  wholly  or  partly 
situate6 : 
Provided  that— 

(i)  for  the  purposes  of  this  section  a 
man  who  himself  inhabits  any 
dwelling-house7  by  virtue  of  any 
office,  service,  or  employment, 
shall  if  the  dwelling-house  is 

1  See  p.  41,  footnote  (??),  infra.  6  See  p.  60,  infra. 

2  See  p.  4,  supra.  «  See  pp.  61,  62,  infra. 

3  See  p.  42,  infra.  7  See  pp.  49 — 54,  infra. 

4  See  pp.  43—60,  infra. 


LOCAL  GOVERNMENT  FRANCHISE  (MEN).  4  I 

not  inhabited  by  the  person  Sect- 3- 
in  whose  service  he  is  in  such 
office,  service,  or  employment,  be 
deemed  to  occupy  the  dwelling- 
house  as  a  tenant8 ;  and 
(ii)  for  the  purposes  of  this  section  the 
word  tenant  shall  include  a 
person  who  occupies  a  room  or 
rooms  as  a  lodger  only  where 
such  room  or  rooms  are  let  to 
him  in  an  unfurnished  state.9 

NOTE. — Section  3  states  the  conditions  which 
must  be  fulfilled  in  order  to  entitle  a  male  person 
to  be  registered  (I)  as  a  local  government 
elector  (m)  for  a  local  government  electoral 
area  (n). 

These  conditions  are  : — 

(1)  He  must  be  of  full  age. 

(2)  He   must  not  be   subject  to    any  legal  in- 

capacity. 

b  See  pp.  49—56,  infra.  9  See  pp.  57—60,  infra. 


(1}  As  to  registration  for  local  government  purposes,  see  Part  II. , 
Registration,  sects.  11 — 19  of  the  Act,  pp.  125—155,  infra. 

(m)  The  words  local  government  elector  in  sect.  3  mean  a 
male  person  who  is  entitled  to  vote  at  an  election  for  any  county 
council,  municipal  borough  council,  metropolitan  borough  council, 
district  council,  board  of  guardians,  parish  council  or  other  similar 
body.  See  sect.  41  (2),  pp.  305,  306,  infra. 

(n)  The  words  local  government  electoral  area  mean  the  area 
for  which  any  of  the  bodies  mentioned  in  note  (m)  above  are  elected. 
See  sect.  41  (2),  pp.  305,  306,  infra. 


42  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  3.  (3)  He  must  on  the  last  day  of  the  qualifying 

period  be  occupying  as  owner  or  tenant 
any  land  or  premises  in  the  local  govern- 
ment electoral  area. 

(4)  He  must  during  the  whole  of  the  qualifying 
period  have  occupied  as  owner  or  tenant 
any  land  or  premises  in  the  local  govern- 
ment  area,  or  if  that  area  is  not  an 
administrative  county  or  a  county  borough 
in  an  administrative  county  or  county 
borough  in  which  the  area  is  wholly  or 
partly  situate. 

(1)  He   must  be   of  full  age. — As  to  this  see 
p.  4,  supra. 

(2)  He    must    not    be    subject   to   any   legal 
incapacity. — The  nature  of  the  incapacity  is  the 
same  here  as  in  the  case  of  a  parliamentary  elector 
(see  pp.  4,   7 — 8,  supra],  i.e.,  it  is  some  quality 
inherent  in  a  person  or  for  the  time  being  irre- 
movable in  such  person  which  either  at  common 
law  or  by  statute  deprives  him  of  the  status  of  an 
elector.     The  persons  who  are  legally  incapaci- 
tated from  being  registered  under  this  section  as 
local  government  electors  are  the  same  as  those 
mentioned  on  pages  5,  6,  7,  supra,  with  the  excep- 
tion of  peers  (0). 

(3)  He  must  on  the  last  day  of  the  qualifying 
period  be  occupying  as  owner  or  tenant  any 

(o)  The  constitutional  reasons  which  prevent  peers  from  voting 
at  an  election  of  a  member  of  the  House  of  Commons  are  not  ap- 
plicable to  local  government  elections.  See  Beancliamp  (Earl}  v. 
Madresfidd  (1872),  L.  R.  8  C.  P.  250,  251. 


MEANING  OF  OCCUPATION  IN  SECT.  3. 

land  or  premises  in  the  local  government  electoral  Sect.  s. 
area. — As  to  the  words  "  on  the  last  day  of  the 
qualifying  period,"  see  pp.  9,  10,  supra.  If  a 
man  moves  into  a  local  government  area  within 
thirty  days  of  the  last  day  of  the  qualifying 
period,  he  must  fulfil  the  conditions  of  sect. 
7  (4),  which  is  as  follows: — " Notwithstanding 
anything  in  this  Act,  a  person  shall  not  be  en- 
titled to  be  registered  as  a  local  government 
elector  for  a  local  government  electoral  area 
though  that  person  may  have  been  occupying 
land  or  premises  in  the  area  on  the  last  day  of 
the  qualifying  period,  if  that  person  commenced 
to  occupy  the  land  or  premises  within  thirty  days 
before  the  end  of  the  qualifying  period,  and  ceased 
to  occupy  the  land  or  premises  within  thirty  days 
after  the  commencement  of  the  occupation." 

It  will  be  observed  that  this  provision  is  similar 
to  sect.  7  (3),  which  was  dealt  with  on  pp.  10,  11, 
supra,  except  that  under  the  words  "  occupy  the 
land  or  premises  "  here  used  a  change  of  premises 
during  the  thirty  days  would  not  be  permissible, 
as  it  is  under  the  words  "reside  in  the  con- 
stituency" in  sect.  7  (3)  (p). 

be  occupying  as  owner  or  tenant. — The  word 
"occupying"  in  this  section  is  used  in  two  dif- 
ferent senses :  first  in  its  strict  legal  meaning  in 
connection  with  the  words  "  as  owner  or  tenant," 
the  latter  word  being  used  in  its  usual  legal  sig- 
nification (q) ;  secondly  in  a  looser  sense  when 

(p]  See  p.  10,  supra, 
(q)  See  p.  47,  infra. 


44  REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 

Sect-  3-  used  in*  connection  with  the  special  meaning  ex- 
pressly given  to  the  word  "  tenant "  by  proviso  (ii) 
in  sect.  3.  As  to  the  meaning  of  occupation  in 
the  first  of  the  above  senses,  see  pp.  25 — '^7, 
supra.  The  word  u  occupying  "  in  this  sense  has 
the  same  meaning  in  sect.  3  as  in  sect.  1,  subject 
to  the  following  qualification. 

The  words  "as  owner  or  tenant "  do  not  occur 
in  the  definition  in  sect.  1  of  the  business  pre- 
mises qualification  for  the  parliamentary  fran- 
chise, which  is  based  on  occupation.  The  person 
to  be  registered  as  a  local  government  elector 
by  the  qualification  under  consideration  must 
"  occupy  "  in  the  same  sense  as  the  parliamentary 
elector  registered  in  respect  of  the  business  pre- 
mises qualification  (r),  with  the  addition  that 
unlike  such  parliamentary  elector  he  must  be  the 
owner  or  tenant  of  the  land  or  premises. 

In  practice  this  addition  will  not  in  the  great 
majority  of  cases  make  any  difference  between 
the  "  occupation  "  required  for  a  parliamentary 
elector  registered  in  respect  of  the  business  pre- 
mises qualification  and  the  u  occupation  "  required 
under  sect.  3  for  a  local  government  elector,  as 
the  former  will  usually  be  the  owner  or  tenant  of 
the  land  or  premises,  the  subject-matter  of  the 
occupation ;  but  there  will  probably  be  particular 
instances  where  such  is  not  the  case.  As  in  the 
case  of  occupation  under  sect.  1,  so  here  the 
occupation  may  be  actual  or  constructive ;  in 

(r)  See  pp.  25 — 27,  supra. 


MEANING  OF  OCCUPATION  IN  SECT.  3. 

particular  it  would  seem  that  a  soldier  or  other  Sect. 
person  serving  in  connection  with  the  war  who 
is  absent  during  a  part  or  even  the  whole  of  the 
qualifying  period  will  nevertheless  be  entitled  to 
be  registered  as  a  local  government  elector  if  he 
is  the  owner  or  tenant  of  premises  in  which  he 
leaves  his  wife  or  his  family  live  during  his 
absence  (s). 

.  Sect.  7  (2)  of  the  present  Act  lays  down  that 
"  ...  the  occupation  of  a  house  shall  not  be 
deemed  to  be  interrupted  for  the  purposes  of  this 
Act  by  reason  only  of  permission  being  given  by 
letting  or  otherwise  for  the  occupation  of  the 
house  as  a  furnished  house  by  some  other  person 
for  a  part  of  the  qualifying  period  not  exceeding 
four  months  in  the  whole,  or  by  reason  only  of 
notice  to  quit  being  served  and  possession  being 
demanded  by  the  landlord  of  the  house  .  .  ." 

It  should  be  noticed  that  this  provision  only 
applies  to  a  "  house."  As  to  the  meaning  of  the 
word  "house"  in  this  provision,  see  pp.  16 — 22, 
supra. 

A  man  would  be  entitled  to  be  registered  under 
sect.  3  notwithstanding  that  his  house  is  in  the 
occupation  of  a  tenant  (with  all  the  usual  rights) 
to  whom  he  has  let  it  furnished,  provided  the 
period  for  which  he  has  let  his  house  is  not  more 
than  four  months  (not  necessarily  consecutive)  in  the 
whole  during  the  qualifying  period.  Sect.  7  (2), 
therefore,  extends  the  meaning  of  the  word 
"  occupying"  in  sect.  3  in  an  important  respect, 

(s)  Whitelaw  v.  M'Goivan  (1905),  8  F.  332. 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  3.  as,  where  a  man  lias  let  his  house  he  does  not 
fulfil  the  conditions  laid  down  by  Erie,  C.J.,  in 
defining  occupation  as  u  the  actual  exercise  of  the 
rights  of  the  owner  in  possession  "  (y}. 

The  observations  made  on  pp.  22,  23,  supra,  with 
regard  to  sect.  7  (2)  in  relation  to  residence  are 
equally  applicable  here  with  such  modifications  as 
are  obviously  necessary  by  reason  of  the  franchise 
now  dealt  with  being  based  on  occupation  instead 
of  residence. 

The  effect  of  the  provision  in  sect.  7  (2)  set  out 
above  as  to  notice  to  quit  is  to  prevent  the  dis- 
franchisement  of  tenants,  which  under  sect.  5  of 
the  Representation  of  the  People  Act,  1884,  was 
held(0)  to  have  taken  place  by  reason  of  their 
landlords  having  served  them  with  a  notice  to 
quit  and  a  demand  of  possession. 

The  word  owner  in  sect.  3  means  a  person  who 
has  a  freehold  estate  whether  legal  or  equitable 
in  the  land  or  premises  in  question  as  opposed  to 
a  person  having  any  less  estate. 

Tenant  here  means  a  person  who  whilst  not 
an  "  owner "  has  some  estate,  however  small 
either  legal  or  equitable,  in  the  subject-matter  of 
the  occupation,  and  also  by  proviso  (ii)  in  sect.  3, 
a  lodger  who  occupies  a  room  or  rooms  which  are 
let  to  him  unfurnished  (a).  It  is  best  to  keep 

(y)  Cook  v.  Number  (1862),  31  L.  J.  0.  P.  at  p.  75,  and  see  p.  25, 
supra. 

(z)  Strachan  v.  Binnie  (1888),  15  Ct.  of  Sess.  Cas.  308  ;  Holland 
v.  Chambers  (Devine's  Case],  (1894)  2  Ir.  R.  442. 

(a)  As  to  this,  see  pp.  57 — 59,  infra. 


MEANING  OF  TENANT.  47 

these  two  meanings  of  "  tenant  "  in  this  section      Sect.  3. 
distinct. 

Dealing  first  with  the  meaning  of  the  word 
i 'tenant"  in  the  first  of  the  above  meanings,  it 
may  be  useful  to  refer  to  some  of  the  cases 
decided  under  sect.  27  of  the  Reform  Act,  1832, 
and  sect.  5  of  the  Representation  of  the  People 
Act,  1884,  where  difficult  questions  arose  as  to 
what  constituted  a  tenant,  as  these  cases  would, 
no  doubt,  be  held  applicable  in  determining  the 
meaning  of  the  word  "  tenant"  in  sect.  3  of  the 
present  Act. 

It  was  decided  under  the  Act  of  1884  that 
tenants  at  will  (b)  were  entitled  to  be  regis- 
tered. 

In  Holland  v.  Chambers  (John  Doherty's  Case)  (c), 
it  was  held  that  when  the  sole  next  of  kin  of  the 
deceased  tenant  of  a  house  who  died  intestate, 
resided  in  the  house  and  paid  the  rent,  his  occu- 
pation was  that  of  a  tenant,  notwithstanding  that 
he  had  never  taken  out  letters  of  administration. 

In  Heath  v.  Haynes(d)  the  claimant  occupied 
rooms  in  a  hospital  as  a  member  of  the  corpo- 
ration of  "  The  Master  and  Brethren  of  the 
Hospital  of  Robert,  Earl  of  Leicester."  The  pro- 
perty belonged  to  the  charity  and  was  managed 
by  the  members  of  the  corporation,  each  being 
allotted  a  set  of  rooms  over  which  he  had  exclu- 
sive control.  It  was  held  that  the  claimant  did 
not  occupy  either  as  owner  or  tenant. 

(6)  Rogers  v.  Harvey  (1858),  28  L.  J.  C.  P.  17. 

(c)  (1894)  2  I.  E.  285. 

(d]  (1857),  27  L.  J.  C.  P.  50. 


REPKESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  3.  In  Powell  v.  .Boraston(e)  it  was  decided,  that 
where  a  man  built  and  occupied  a  shed  on  the 
land  of  a  farmer  (who  was  tenant  of  the  land 
and  allowed  such  building  and  occupation  without 
his  landlord's  permission),  the  farmer  was  not  the 
owner  or  tenant  of  the  shed. 

It  should  also  be  noticed  that  under  the  Bank- 
ruptcy Act,  1883,  all  the  property  of  a  person 
who  is  adjudicated  bankrupt  vests  in  the  trustee 
in  bankruptcy,  and  therefore  the  bankrupt  would 
not  be  entitled  to  be  registered  as  owner  or  tenant 
(in  the  meaning  now  being  discussed  (/) )  under 
sect.  3  of  this  Act.  There  is,  however,  an  exception 
in  the  case  where  a  bankrupt,  who  occupies  pre- 
mises as  tenant,  continues  to  occupy  them  after 
his  adjudication  and  pays  the  rent.  In  that  case, 
provided  the  official  receiver  or  trustee  in  bank- 
ruptcy has  done  nothing  by  payment  of  rent  or 
otherwise  in  relation  to  the  tenancy,  the  bankrupt 
may  be  occupying  as  tenant  at  will  or  by  estoppel 
from  the  date  of  his  adjudication  (g}. 

By  section  3,  proviso  (i) — "  f or  the  purposes 
of  this  section  a  man  who  himself  inhabits  any 
dwelling-house  by  virtue  of  any  office,  service, 
or  employment,  shall  if  the  dwelling-house  is 
not  inhabited  by  the  person  in  whose*  service 
he  is  in  such  office,  service,  or  employment,  be 
deemed  to  occupy  the  dwelling-house  as  a 
tenant." 

(e)  (1865),  34  L.  J.  C.  P.  To'. 

(/)  See  p.  47,  supra. 

(g)  Mackay  v.  McGuire,  (1891)  1  Q.  B.  250. 


MEANING  OF  "DWELLING-HOUSE." 


The  object  of  this  proviso,  which  deals  with  Sect.  3. 
what  has  been  hitherto  known  in  connection  with 
the  parliamentary  franchise  as  the  "  service  fran- 
chise," is  intended  to  remove  the  inference  of 
law  that  a  servant  who  is  under  an  obligation  to 
inhabit  premises  for  the  performance  of  his  duties 
does  not  occupy  as  tenant. 

The  following  points  should  be  noticed  in 
connection  with  this  proviso  : — 

(1)  To  come  within  the  proviso  the  premises 
inhabited  must  be  a  dwelling-house.  By  sect. 
41  (8)  of  the  present  Act  "the  expression  <  dwel- 
ling-house '  includes  any  part  of  a  house,  where 
that  part  is  occupied  separately  as  a  dwelling- 
house."  The  meaning  of  the  expression  "dwel- 
ling-house" in  proviso  (i)  of  sect.  3,  as  explained 
by  sect.  41  (8),  is  not  free  from  doubt.  Sect.  3 
of  the  Representation  of  the  People  Act,  1867, 
contained  the  words  "  dwelling-house,"  which  by 
sect.  61  of  the  same  Act  was  to  be  read  as  in- 
cluding "'any  part  of  a  house  occupied  as  a 
separate  dwelling  and  separately  rated  to  the 
relief  of  the  poor."  By  sect.  59  of  the  same  Act, 
that  Act  and  the  Reform  Act,  1832,  were  to  be 
read  together  as  one  Act.  It  was  accordingly 
argued  that  the  decisions  in  Cook  v.  Humber(h) 
and  Henrette  v.  Booth  (i)  under  sect.  27  of  the 
Reform  Act,  1832,  as  to  the  meaning  of  the  word 
"house"  were  applicable  in  interpreting  the 
expression  "  dwelling-house  "  in  the  Act  of  1867. 

(A)  (1862),  31  L.  J.  0.  P.  at  p.  76. 

(»)  (1863),  33  L.  J.  0.  P.  at  pp.  62,  63. 


50  REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 

Sect.  3.  In  the  cases  of  Thompson  v.  Ward,  Ellis  v.  Burch  ( i) 
and  Boon  v.  Howard  (j)  the  Court  was  equally 
divided  as  to  whether  it  was  necessary  that  there 
should  be  structural  severance  in  order  to  con- 
stitute a  "  dwelling-house "  within  the  meaning 
of  the  Act  of  1867.  Subsequently  to  these  de- 
cisions the  point  was  settled  by  the  express  words 
of  sect.  5  of  the  Parliamentary  and  Municipal 
Registration  Act,  1878,  which  made  it  clear  that 
structural  severance  was  not  necessary.  By  that 
section  it  was,  inter  alia,  provided  that  uin  and 
for  the  purposes  of  the  Representation  of  the 
People  Act,  1867,  the  term  { dwelling-house ' 
shall  include  any  part  of  a  house  where  that 
part  is  separately  occupied  as  a  dwelling,"  and 
that  "  for  the  purposes  of  any  of  the  Acts  referred 
to  in  this  section  (i.e.,  amongst  others  the  Repre- 
sentation of  the  People  Act,  1867)  where  an 
occupier  is  entitled  to  the  sole  and  exclusive  use 
of  any  part  of  a  house  that  part  shall  not  be 
deemed  to  be  occupied  otherwise  than  separately 
by  reason  only  that  the  occupier  is  entitled  to 
the  joint  use  of  some  other  part." 

It  is  submitted  that  in  view  of  the  difference 
in  language  between  sect.  41  (8)  of  the  present 
Act  and  sect.  61  (&)  of  the  Representation  of  the 
People  Act,  1867,  and  the  fact  that  the  latter 
Act  and  the  Reform  Act,  1832,  were  to  be  read 
together,  it  would  not  bo  held  that  the  expression 
11  dwelling-house  "  in  the  present  Act  bears  the 

(t)  (1871),  L.  E.  6C.  P.  327. 
(/)  (1874),  L.  E.  9  C.  277. 

(k)  Seep.  49,  supra. 


MEANING  OF  "  DWELLING-HOUSE."  51 

meaning  given  to  the  word  "  house  "  in  Cook  v.  Sect.  3. 
Humber(l)  and  Henrette  v.  Booth  (m).  Further, 
in  view  of  the  close  similarity  between  the  lan- 
guage of  the  first  part  of  sect.  5  of  the  Parlia- 
mentary and  Municipal  Registration  Act,  1878, 
quoted  above  (w),  and  that  of  sect.  41  (8)  of  the 
present  Act,  and  the  fact  that  the  latter  part  of 
sect.  5  of  the  former  Act  was  in  effect  declaratory 
of  the  law  for  the  purpose  of  settling  the  doubts 
raised  by  the  disagreement  of  the  learned  judges 
in  the  cases  (o)  under  the  Act  of  1867,  it  is  pro- 
bable that  the  expression  "  dwelling-house "  in 
the  present  Act  would  be  held  to  have  the  mean- 
ing given  to  it  by  sect.  5  of  the  Parliamentary 
and  Municipal  Registration  Act,  1878,  and  there- 
fore, that  where  an  occupier  is  entitled  to  the 
sole  and  exclusive  use  of  any  part  of  a  house, 
that  part  shall  not  be  deemed  to  be  occupied 
otherwise  than  separately  by  reason  only  that 
the  occupier  is  entitled  to  the  joint  use  of  some 
other  part.  In  other  words,  structural  severance 
is  not  necessary  to  constitute  a  "  dwelling-house  " 
under  the  present  Act  (p). 

If  the  above  view  of  the  meaning  of  "  dwelling- 
house  "  in  sect.  3  of  the  present  Act  is  correct,  it 
will  be  useful  to  refer  to  some  of  the  cases  decided 
under  sect.  3  of  the  Representation  of  the  People 

(0  (1862),  31  L.  J.  C.  P.  at  p.  76. 
(m)  (1863),  33  L.  J.  0.  P.  at  pp.  62,  63. 
(w)  See  p.  50,  supra. 

(o)  See  Thompson  v.  Ward,  Ell-is  v.  Burch  and  Boon  v.  Howard, 
vupra, 

(p)  See  Allchurch  v.  Hendon  Union,  (1891)  2  Q.  B.  436. 
4  (2) 


52  REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 

Sect.  3.  Act,  1884  (which  first  conferred  the  service  fran- 
chise), as  to  the  meaning  of  the  expression 
"  dwelling-house,"  which  was  the  same  in  that 
Act  as  in  the  Act  of  1878  (p). 

In  Campbell  v.  Morris  (q),  a  coachman  had  the 
exclusive  use  and  control  of  a  room  over  a  stable 
furnished  as  a  bedroom,  in  which  he  kept  his 
clothes  and  dressed,  but  he  took  his  meals  in  the 
mansion-house  occupied  by  his  master,  and  slept 
there  as  caretaker.  He  claimed  to  be  enrolled  as 
a  voter  by  reason  that  he  inhabited  the  room  over 
the  stable  as  a  dwelling-house  by  virtue  of  service 
within  the  meaning  of  sect.  3  of  the  Representa- 
tion of  the  People  Act,  1884.  It  was  held  that 
he  was  not  entitled  to  the  franchise,  because  the 
dwelling-house  which  he  inhabited  was  not  the 
room  over  the  stables,  but  the  mansion-house, 
which  was  inhabited  by  the  person  under  whom 
he  served. 

In  Barnett  v.  Hickmott  (?'),  a  policeman  had  the 
exclusive  occupation,  by  virtue  of  his  service,  of 
a  cubicle  in  a  dormitory  at  a  police  barrack. 
The  cubicle  was  separated  from  the  rest  of  the 
dormitory,  which  contained  a  number  of  similar 
cubicles,  by  a  partition  seven  feet  high,  but  there 
was  a  space  of  five  feet  between  the  top  of  the 
partition  and  the  ceiling.  The  policeman  kept 
the  key  of  his  cubicle,  and  was  entitled  to  lock  it 
up  at  any  time.  It  was  held  that  the  cubicle  was 
not  "part  of  a  house  separately  occupied  as  a 

4-     ( p)  See  p.  50,  supra. 

(q}  (1895),  23  Ct.  of  Sess.  Gas.  (4th  Series)  118. 
(r)  (1895)  1  Q.  B.  691. 


MEANING  OF  "  DWELLING-HOUSE."  58 

dwelling"  within  the  meaning  of  sect.  5  of  the      Sect. 8. 
Parliamentary  and  Municipal   Registration  Act, 
1878,  and  that  the  policeman  was  not  entitled  to 
the  franchise  in  respect  of  it. 

In  Clutterbuck  v.  Taylor  (s)  the  facts  were  similar. 
All  the  cubicles  had  a  gas-light  in  common.  A 
lavatory  and  mess-room  were  provided  for  the 
policemen  who  occupied  these  cubicles  in  another 
part  of  the  police  station.  The  policemen  occu- 
pying the  cubicles  were  subject  to  the  control 
of  a  superior  officer,  who  had  power  to  impose 
restrictions  upon  their  use  of  the  cubicles  incon- 
sistent with  the  rights  which  a  person  ordinarily 
exercises  in  respect  of  his  own  dwelling.  It  was 
held  by  Lord  Esher,  M.R.,  and  Lopes,  L.  J.,  Rigby, 
L.J.,  dissenting,  that  the  cubicle  was  not  part  of 
a  house  separately  occupied  as  a  dwelling  within 
the  meaning  of  sect.  5  of  the  Parliamentary  and 
Municipal  Registration  Act,  1878. 

In  M'Quade  v.  Charlton(t\  the  claimant  was, 
with  other  men,  in  the  employment  of  a  company 
which  carried  on  an  extensive  drapery  business 
in  Belfast.  Under  his  contract  he  was  to  be  paid 
a  yearly  salary,  to  be  boarded  by  the  company, 
and  to  have  a  bedroom  so  long  as  he  remained  in 
their  service,  the  service  being  determinable  by 

(«)  (1896)  1  Q.  B.  395. 

(*)  (1904)  2  I.  K.  383.  It  is  thought  unnecessary  to  discuss  the 
decision  in  Stribling  v.  I  false  (1885),  16  Q.  B.  1).  246,  which  is  now 
generally  recognised  as  being  erroneous.  In  Barnett  v.  Hickmott 
and  Clutterbtick  v.  Taylor,  supra,  the  Court  refused  to  extend  the 
principle  of  that  decision  ;  and  in  M'Quade  v.  Charlton,  supra,  the 
Irish  Court  of  Appeal,  consisting  of  the  Chief  Justice  and  three 
Lords  Justices,  declined  to  follow  it. 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect,  s.  notice.  There  was  a  bolt  inside  the  bedroom  to 
fasten  the  door,  but  the  claimant  had  not  the  key. 
The  manager  could  change  an  employee  from  one 
bedroom  to  another,  if  necessary.  There  were 
rules,  understood  in  the  house,  regulating  the 
occupation  of  bedrooms,  which  were  as  follows : — 
(1)  the  claimant  could  not  leave  his  business  in  the 
shop  to  go  to  his  bedroom  without  permission ; 
on  Saturday  the  bedrooms  were  closed  up  to 
2  p.m.  for  cleaning.  It  was  also  understood  that 
an  employee  must  not  be  in  his  bedroom  between 
1 1  a.m.  and  1  p.m.  on  Sunday.  It  was  held  that 
the  claimant  was  not  entitled  to  the  franchise. 

On  the  other  hand,  in  Adams  v.  Ford(r\  it  was 
held  that  the  appellant,  who  was  in  the  employ- 
ment of  poor  law  guardians,  and  as  part  of  his 
salary  was  allowed  to  have  the  exclusive  occupation 
of  a  sitting-room  and  bedroom  in  the  main  building 
of  the  workhouse,  occupied  a  "  dwelling-house " 
within  the  meaning  of  sect.  3  of  the  Representa- 
tion of  the  People  Act,  1884.  Further,  it  is  clear 
from  the  case  of  Kent  v.  Fittall  (s)  (decided  under 
sect.  3  (2)  of  the  Act  of  1867)  that  it  is  possible 
for  one  room  to  be  a  "  dwelling-house "  within 
sect.  5  (*)  of  the  Act  of  1878. 

(2)  In  order  to  come  within  this  proviso  it 
must  be  shown  that  the  person  in  question  is 
a  man  who  himself  inhabits  .  ,  ,  by  virtue  of 
any  office  service  or  employment. 

(•/•)  (1885),  16  Q.  B.  I).  239. 
(«)  (1906)  1  K.  B.  60  (C.  A.}. 
(«)  Set  out  at  p.  50,  aupra. 


FRANCHISE  OF  SERVANT.  «> 

in  Dover  v.  Prosser  (11),  Alverstone,  C.J.,  in  Sect- 3* 
dealing  with  the  meaning  of  similar  words  in 
sect.  3  of  the  Representation  of  the  People  Act, 
1884,  said  :  "  The  governing  test  in  cases  of  this 
sort  is  whether  or  not  the  occupier  of  the  pre- 
mises in  respect  of  which  the  claim  is  made  is 
required  to  occupy  them  either  by  the  express 
terms  of  his  employment  or  by  the  nature  of  his 
duties.  If  he  is  merely  permitted  but  not  obliged 
to  occupy  the  premises  so  long  as  he  performs 
certain  duties  that  is  not  an  occupation  by  virtue 
of  any  office  service  or  employment." 

(3)  It  is  a  condition  required  by  proviso  (i)  that 
the  dwelling-house  is  not  inhabited  by  the  person 
in  whose  service  he  is  in  such  office  service  or 
employment. 

The  words  of  proviso  (i),  although  similar  to, 
are  not  identical  with,  the  words  of  sect.  3  of  the 
Representation  of  the  People  Act,  1884.  The 
corresponding  words  in  sect.  3  of  the  latter  Act 
are  "the  dwelling-house  is  not  inhabited  by  any 
person  under  whom  such  man  serves  in  such  office 
service  or  employment."  The  words  used  in 
proviso  (i)  set  out  above  remove  the  difficulties 
which  arose  under  sect.  3  of  the  Act  of  1884  in 
determining  in  certain  cases  whether  a  dwelling- 
house  was  inhabited  by  any  person  "  under 
whom "  the  person  claiming  to  be  registered 
served.  The  words  "  a  person  in  whose  service 

(a)  (1904)  1  K.  B.  at  p.  85  ;  see  also  the  cases  referred  to  in  this 
case,  also  Aitchi*on  v.  Lothian  (1890),  18  Ct.  of  Sess.  Gas.  (4th 
Series)  337. 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  s.  ne  is  "  used  in  proviso  (i)  can  refer  only  to  the 
immediate  employer  of  the  person  claiming  to  be 
registered. 

It  should  be  noticed  that  absence  on  military 
service  would  debar  a  man  from  obtaining  the 
local  government  franchise  under  sect.  3,  pro- 
viso (i)  of  the  present  Act,  notwithstanding  that 
his  family  resided  in  the  dwelling-house  during 
his  absence. 

Thus,  in  the  case  of  Spittall  v.  Brook  (v), 
decided  under  the  Representation  of  the  People 
Act,  1884,  s.  3  (the  language  of  which,  as  pointed 
out  above,  was  similar  to  that  of  proviso  (i)  now 
under  discussion),  it  was  held  that  a  non-commis- 
sioned officer,  who  resided  with  his  family  in  bar- 
racks, but  during  twenty-seven  days  of  the  quali- 
fying year  was  compulsorily  absent  from  the 
constituency,  was  not  entitled  to  be  registered 
as  a  parliamentary  elector,  notwithstanding  that 
his  rooms  were  occupied  during  his  absence  by 
his  furniture  and  his  family. 

Sect.  7  (1)  of  the  present  Act  provides  that: 
"  Where  land  or  premises  are  in  the  joint  occu-* 
pation  of  two  or  more  persons,  each  of  the  joint 
occupiers  shall,  for  the  purposes  of  this  Part  (x) 
of  this  Act,  be  treated  as  occupying  the  premises, 
subject  as  follows:  .  .  .  (c)  Not  more  than  two 
joint  occupiers  shall  be  entitled  to  be  registered 


(v}  (1886),  18  Q.  B.  D.  426.  See  also  Ford  v.  Barnes  (1885), 
16  Q.  B.  D.  254;  Donoghue  v.  Brook  (1887),  57  L.  J.  Q.  B.  122; 
Duffy  v.  Chambers,  Ferguson  v.  Black  (1889),  26  L.  R.  Ir.  100. 

(aj)  I.e.,  Parti.,  sects.  1—10. 


LODGERS.  -57 

in  respect  of  the  same  land  or  premises,  unless      sect.  8. 
they  are  bona  fide  engaged  as  partners  carrying 
on  their  profession,  trade  or  business  on  the  land 
or  premises." 

The  meaning  of  the  words  "  joint  occupation  " 
in  sect.  7(1)  presents  no  difficulties,  but  it  must  be 
remembered  that  each  of  the  joint  owners  or 
tenants  in  order  to  be  entitled  to  be  registered 
must  fulfil  the  conditions  of  "  occupation,"  which 
are  dealt  with  on  pp.  43  —  45  and  25  —  27,  supra, 
and  further,  not  more  than  two  persons  can  be 
registered  as  joint  occupiers  unless  they  fulfil  the 
condition  mentioned  in  sect.  7  (1)  set  out  above. 
As,  however,  there  may  be  constructive  occu- 
pation (y\  the  occupation  of  one  of  several  joint 
owners  or  tenants  on  his  own  behalf  and  on 
behalf  of  the  other  joint  owners  or  tenants  would 
entitle  all  of  them  to  be  placed  upon  the  re- 
gister^). This,  however,  is  not  so  if  the  occu- 
pation of  the  joint  occupier  or  occupiers  on  behalf 
of  the  others  is  based  on  an  illegal  contract, 
as.  for  instance,  a  partnership  of  more  than  20 
persons  (a). 

As  to  the  second  meaning  (b)  given  by  sect.  3 
to  the  word  u  tenant,"  i.e.,  the  meaning  given  by 
proviso  (ii)  in  that  section,  such  proviso  states 
that  the  word  tenant  (in  sect.  3)  shall  include 
a  person  who  occupies  a  room  or  rooms  as  a 


{#)  See  pp.  44,  45,  and  p.  26, 

(z)  Jones  v.  Pritchard  (1891),  1  Pox  &  Smith,  259. 

(a)  Harris  v.  Amery  (1865),  35  L.  J.  C.  P.  89. 

(?>)  As  to  the  first  meaning,  SPG  pp.  43,  44,  and  25  —  27, 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

lodger  only  where  such  room  or  rooms  are  let 
td  him  in  an  unfurnished  state.  Accord- 
ingly, a  lodger  who  occupies  a  room  or  room& 
in  the  local  government  electoral  area  let  to  him 
in  an  unfurnished  state  is  to  be  deemed  a  tenant 
and  is  entitled  to  be  registered  as  a  local  govern- 
ment elector  for  such  area. 

The  chief  difference  between  a  tenant  and  a 
lodger  is  that  the  latter  is  entitled  to  live  in  his 
lodgings  by  reason  of  a  purely  personal  contract 
between  himself  and  his  landlord,  and  has  no 
estate,  legal  or  equitable,  in  the  -premises  in  which 
he  lodges  (c).  If  the  landlord  retains  a  general 
control  and  dominion  over  the  premises,  including 
the  part  inhabited  by  the  person  in  question,  that 
person  is  a  lodger  (d).  On  the  other  hand,  a 
tenant  has  some  estate  or  interest  carved  out  of 
the  estate  or  interest  of  his  landlord  (e).  He 
has  exclusive  possession  (in  the  legal  sense)  of  the 
premises  (/),  and,  if  wrongfully  dispossessed,  can 
recover  possession  by  law,  whereas  if  the  personal 
contract  between  a  lodger  and  his  landlord  is 
broken,  and  the  lodger  turned  out,  his  only 
remedy  at  law  is  in  damages  (g).  The  occupier 
does  not  necessarily  cease  to  be  a  tenant  merely 

(c)  See  AucketiU  v.  Jlaylis  (1882),  10  Q.  B.  D.  at  p.  587. 

(d)  Watkins  v.  Milton,  &c.   Overseers  (1868),  L.  E.  3  Q.  B.   at 
pp.  356,  357  ;  Allan  v.  Liverpool,  Intnan  v.  KirlcdaU  (1874),  L.  E. 
9  Q.  B.  at  pp.    191,  192;   Cory  v.  Dristow  (1877),  2  App.  Gas.   at 
p.  276;  Kent  v.  Fittall,  (1906)  1  K.  B.  60  (C.  A.). 

(e)  Keith  v.  Twentieth  Century  Club  (1904),  90  L.  T.  775. 
(/)  Taylor  v.  Caldwell  (1863),  3  B.  &  S.  826,  832. 

(.'/)   Wright  v.  Stavert  (1859),  2  E.  &  E.  721. 


"  OCCUPATION  "  BY  LODGER.  59 

because  the  landlord  resides  on  the  premises  and      Sect-  8 
retains  control  of  the  passages  and  staircases  and 
other  parts  used  in  common  (h). 

It  should  be  noticed  that  the  meaning  of  the 
word  "  occupy  ing"  when  used  of  a  lodger  must 
of  necessity  bear  a  different  meaning  from  that 
which  it  bears  in  sect.  1  of  the  Act(/)  and  in 
sect.  3  when  used  of  an  owner  or  tenant  (/).  A 
lodger  does  not  (since  his  occupation  depends,  as 
pointed  out  above,  merely  on  a  personal  contract 
with  his  landlord)  fulfil  the  conditions  of  occupa- 
tion in  the  strict  sense  of  the  word,  i.e.  "  the  actual 
exercise  of  the  rights  of  the  owner  in  posses- 
sion "  (&) ;  e.g.  a  lodger  has  no  legal  remedy  against 
a  person  who  merely  enters  his  lodging  and  dis- 
turbs his  privacy  (/),  nor  can  a  lodger  eject  a 
trespasser  with  impunity  (m).  Moreover,  the  land- 
lord maintains  under  the  contract  between  him 
and  his  lodger  a  general  right  of  control  over 
the  lodging.  In  what  sense,  then,  is  the  word 
"  occupying  "  used  in  connection  with  a  lodger? 
In  this  connection  the  word  bears  its  untech- 
nical  meaning  and  denotes  the  exercise  by  the 
lodger  of  his  rights  under  his  contract  with  his 
landlord.  Its  meaning  resembles  that  of  "  re- 
sidence "  (n),  the  residence,  of  course,  being  in 

(A)  Kent  v.   Fittall,   supra;  but   see  Douglaa  v.    Smith,   (1907) 
1  K.  B.  126 ;  (1907)  2  K.  B.  568  (C.  A.). 
(*')  See  pp.  25—27,  supra. 
(/)  See  pp.  43—45,  supra, 

(k)  Cook  v.  Number  (1862),  31  L.  J.  C.  P.  at  p.  75. 
(/)  Wright  T.  Stavert  (1859),  2  E.  &  E.  721. 
(«i)  Monk$  v.  Dyke*  (1839),  4  M.  &  W.  567. 
(n)  See  pp.  11 — 15,  mpr<t. 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  8.  the  lodgings.  As  "  occupation"  in  this  connection 
approximates  closely  to  "  residence,"  it  follows 
that  the  physical  presence  of  the  lodger  in  his 
lodgings  is  not  always  necessary,  as  there  may 
be  a  constructive  occupation  (o)  of  the  lodgings, 
provided,  of  course,  that  the  contract  between  the 
lodger  and  the  landlord  continues. 

Sect.  7  (1)  applies  equally  to  occupation  by 
lodgers,  which  may  therefore  be  joint,  as  in  the 
case  of  occupation  by  an  owner  or  tenant  (p). 
Although  no  doubt  the  case  will  seldom  arise  of 
joint  lodgers  "  carrying  on  their  profession  trade 
or  business  "  in  the  room  or  rooms  let  to  them 
unfurnished,  if  such  a  case  should  arise  the  pro- 
visions of  sect.  7  (1)  (c)  will  apply  (q). 

It  should  be  noted  that  sect.  7  (2)  (r)  has  no 
application  to  a  person  occupying  as  a  lodger. 

Any  land  or  premises  in  the  local  government 
electoral  area. 

The  words  "  any  land  or  premises "  are  very 
wide,  and  will  include  any  piece  of  land  or  any 
kind  of  structure  or  building  of  whatsoever  kind, 
or  any  part  thereof,  provided  it  is  capable  of 
being  "  occupied "  (s)  within  the  meaning  of 
sect.  3. 

It  may  be  pointed  out  that  where  the  require- 
ment for  occupation  for  thirty  consecutive  days, 
including  the  last  day  of  the  qualifying  period,  is 

(o)  See  pp.  13 — 15,  supra. 

(p)  See  pp.  56,  57,  tupra. 

(q)  Ibid. 

(r]  See  pp.  45,  46. 

($)  See  pp.  25-27,  43—45,  inprv. 


SUCCESSIVE  OCCUPATION.  HI 

applicable  (i),  there  is  nothing  to  prevent  the  con-      Sect.  3. 
ditions  laid  down  in  sect.  3  (a)  from  being  fulfilled 
by    occupation    during   such    thirty   consecutive 
days  (t)  partly  as  owner  and  partly  as  tenant, 
though  this  would,  of  course,  be  a  very  rare  case. 

(4. )  He  must  during  the  whole  of  the  qualifying 
period  have  occupied  as  owner  or  tenant  any  land 
or  premises  in  the  local  government  electoral  area,  or 
if  that  area  is  not  an  administrative  county  or 
a  county  borough,  in  any  administrative  county 
or  county  borough  in  which  the  area  is  wholly 
or  partly  situate. 

He  must  during  the  whole  of  the  qualifying 
period. — The  qualifying  period  (u)  is  a  period  of 
six  months  ending  either  on  January  15th  or  July 
15th,  including  in  each  case  the  fifteenth  day, 
and  corresponds  to  the  two  registers  of  electors, 
the  Spring  and  Autumn  Registers  (x). 

As  to  the  qualifying  period  in  the  case  of  a 
"  naval  or  military  voter,"  see  pp.  96,  97,  infra. 

Have  occupied  as  oiuner  or  tenant. — See  pp.  43 — 
60,  supra. 

Land  or  premises  in  the  local  government  electoral 
area. — As  to  the  meaning  of  "  land  or  premises," 
see  p.  60,  supra.  The  land  or  premises  occupied  as 
owner  or  tenant,  or  the  room  or  rooms  occupied 
as  a  lodger,  need  not  be  the  same  throughout  the 
qualifying  period,  although  they  must  be  within 
the  limits  mentioned  in  (4)  above  (y).  Thus,  a 

(t)  See  p.  43,  supra. 

(w)  See  sect.  6,  p.  94,  infra. 

(x}  See  pp.  95,  96,  infra. 

(y}  See  p.  41,  footnote  (/<),  8>'}>m. 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  3.  man  who  moves  from  premises  outside  a  municipal 
borough  to  premises  within  the  borough  will  not 
lose  his  local  government  vote  provided  that  both 
sets  of  premises  are  ^within  one  administrative 
county.  If,  however,  the  subject-matter  of  the 
occupation  changes  during  the  qualifying  period, 
no  interval  of  time  must  elapse  between  the 
cessation  of  occupation  in  one  place  and  the 
beginning  of  occupation  in  another,  as  the  occu- 
pation must  be  "  during  the  whole  of  the  quali- 
fying period. "  On  the  other  hand  it  should  be 
remembered  that  the  physical  presence  of  the 
occupier  is  not  necessary  (#),  so  that,  taking  the 
case  of  a  tenant  as  an  illustration,  the  lease  of 
the  tenant  of  a  flat  might  end  during  the  course 
of  the  qualifying  period,  and  the  tenant  might, 
just  before  the  expiration  of  the  lease,  become 
tenant  of  a  flat  in  the  local  government  electoral 
area,  but  before  beginning  to  live  in  the  other  flat 
he  might  go  away  for  a  month's  holiday.  In  such 
a  case  the  "  occupation  "  would  be  unbroken. 

'There  is  nothing  in  sect.  3  to  prevent  the 
registration  as  a  local  government  elector  of  a 
man,  part  of  whose  qualification  during  a  single 
qualifying  period  was  obtained  by  virtue  of  his 
occupation  as  a  lodger  in  rooms  let  to  him  un- 
furnished, and  part  by  virtue  of  his  occupation  as 
owner  or  tenant  (properly  so  called)  of  land  or 
premises. 

If  that  area  is  not  an  administrative  county 
or  a  county  borough,  in  any  administrative 

(2)  See  pp.  44,  45,  supra. 


WOMEN'S  FRANCHISES. 

Bounty  or  county  borough  in  which  the  area      Sect,  a 
is  wholly  or  partly  situate.  —  See  observations 
under  preceding  heading,  Land  or  premises  in 

the  local  government  electoral  area. 

In  England  "  an  administrative  county"  means 
the  area  for  which  a  county  council  is  elected  in 
pursuance  of  the  Local  Government  Act,  1888, 
but  does  not  include  a  county  borough  (a),  and 
the  only  county  boroughs  are  thdse  mentioned  in 
the  3rd  schedule  to  the  same  Act(#). 

In  Ireland  the  expression  "  administrative 
county  "  has  a  meaning  similar  to  that  which 
it  has  in  England  (<?). 

Sect.  3  of  the  present  Act,  set  out  on  pp.  40, 
41,  above,  has  no  application  to  Scotland,  but  by 
sect.  43  (3)  (d\  the  provisions  contained  in  that 
sub-section  apply  to  Scotland  in  lieu  of  the  provi- 
sions of  sect.  3. 


4.  —  (1)  A  woman  shall  be  entitled  to  be  F 

(  women) 

registered  as  a  parliamentary  elector  for  a 
constituency  (other  than  a  university  con- 
stituency)1 if  she— 

(a)  has  attained  the  age  of  thirty  years2  ; 

and 

(b)  is  not  subject  to  any  legal  incapacity3  ; 

and 

1  See  p.  31,  footnote  («),  «u//m.  2  See  p.  67,  infra. 

'•'  See  pp.  67,  68,  infra. 


(a)  Local  Government  Act.  1888,  s.  100. 

(b)  Ibid.  s.  31. 

(c)  Local  Government  (Ireland)  Act,  1898,  s.  1. 
((?)  Set  out  at  pp.  310—313,  infra. 


t>4  KEPKE8ENTAT10N  OF  THE  PEOPLE  ACT,  1918. 

sect.  4.  (c)  is  entitled  to  be  registered  us  a  local 
government  elector  in  respect  of 
the  occupation  in  that  constitu- 
ency of  land  or  premises  (not  being 
a  dwelling-house)  of  a  yearly  value 
of  not  less  than  five  pounds  or  of 
a  dwelling-house,  or  is  the  wife 
of  a  husband  entitled  to  be  so 
registered.4 

(2)  A  woman  shall  be  entitled  to  be  regis- 
tered as  a  parliamentary  elector  for  a  uni- 
versity constituency5  if  she  has  attained  the 
age  of  thirty  years6  and   either  would   be 
entitled  to  be  so  registered  if  she  were  a 
man,  or  has  been  admitted  to  and  passed  the 
final  examination,  and  kept  under  the  con- 
ditions required  of  women  by  the  university 
the  period  of  residence,  necessary  for  a  man 
to  obtain  a  degree  at  any  university  forming, 
or  forming  part  of,  a  university  constituency 
which  did  not  at  the  time  the  examination 
was  passed  admit  women  to  degrees.7 

(3)  A  woman  shall  be  entitled  to  be  regis- 
tered as  a  local  government  elector  for  any 
local  government  electoral  area — s 

(a)  where  she  would  be  entitled  to  be  so 
registered  if  she  were  a  man9 ;  and 

4  See  pp.  68 — 72,  infra.  8  See  p.  41,  footnotes  (m)  and 

3  See  p.  38,  supra.  (w).  supra. 

6  See  pp.  67  and  75,  infra.  »  See  pp.  73,  74,  infr.a. 

''  See  p.  73,  i-nfw. 


WOMEN'S  PARLIAMENTARY  FRANCHISE.  65 

(b)  where  she  is  the  wife  of  a  man  who  is  sect.  4. 
entitled  to  be  so  registered  in  re- 
spect of  premises  in  which  they 
both  reside,  and  she  has  attained 
the  age  of  thirty  years  and  is  not 
subject  to  any  legal  incapacity.10 

For  the  purpose  of  this  provision, 
a  naval  or  military  voter  who  is 
registered  in  respect  of  a  residence 
qualification  which  he  would  have 
had  but  for  his  service,  shall  be 
deemed  to  be  resident  in  accor- 
dance with  the  qualification.11 

NOTE.  —  Sect.  4  lays  down  the  conditions  which 
must  be  fulfilled  in  order  to  entitle  a  woman  to 
be  registered  as  a  parliamentary  elector  and  as  a 
local  government  elector.  These  conditions  as 
regards  the  right  to  registration  as  a  parlia- 
mentary elector  are  :  — 

I.  In  the  case  of  a  constituency  other  than  a  Pariiamen- 

.,  ...  ,    x  tary  franchise 

university  constituency  (e)  —  (women)  in 

(I)  She  must  have  attained  the  age  of  thirty  years,  other  than 


(2)  She  must  not  be  subject  to  any  legal  incapacity, 

(3)  She  must  (a)  be  entitled  to  be  registered  as  a  eucies' 
local  government  elector  in  respect  of  the  occupation  in 
that  constituency  (i)  of  land  or  premises  (not  being  a 

10  See  up.  75,  76,  infra.        u  See  p.  76,  infra. 


(e)  As  to  meaning  of   "constituency  other  than  a   university 
constituency,"  see  footnote  (a)  on  p.  3,  supra. 

F.  5 


tib 


REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 


Parliamen- 
tary franchise 
(women)  in 
university 
constitu- 


Sect.  4.  dwelling-house)  of  a  yearly  value  of  not  less  than  five 
pounds  or  (ii)  of  a  dwelling -house,  or  (b)  be  the  wife 
of  a  husband  entitled  to  be  so  registered. 

II.  In  the  case  of  a  university  constituency  (/)— 

(1)  She  must  have  attained  the  age  of  thirty  years. 

(2)  She  must  (a)  fulfil  the  conditions  which  if  she 
were  a  man  would  entitle  her  to  be  registered  as  a 
parliamentary  elector  for  a  university  constituency  or 
(b)  have  been  admitted  to  and  passed  the  final  exami- 
nation,  and  kept   under   the   conditions   required   of 
women  by  the  university  the  period  of  residence,  neces- 
sary for  a  man  to  obtain  a  degree  at  any  university 
forming,  or  forming  part  of,  a  university  constituency 
which  did  not  at  the  time  the  examination  was  passed 
admit  women  to  degrees. 

There  are  two  alternative  sets  of  conditions 
one  or  other  of  which  must  be  fulfilled  in  order 
to  entitle  a  woman  to  be  registered  as  a  local 
government  elector  for  a  local  government  elec- 
toral area.  These  sets  of  conditions  are  :— 

A.— 

(1)  She  must  be  of  full  age  (twenty -one  years). 

(2)  She  must  not  be  subject  to  any  legal  incapacity. 

(3)  She  must  on  the  last  day  of  the  qualifying  period 
be  occupying  as  owner  or  tenant -any  land  or  premises 
in  the  local  government  electoral  area. 

(4)  She  must  during  the  whole  of  the  qualifying 
period  have  occupied  as  owner  or  tenant  any  land  or 
premises  in  the  local  government  electoral  area,  or  if 
that  area  is  not  an  administrative  county  or  a  county 
borough,  in  any  administrative  county  or  county  borough 
in  which  the  area  is  wholly  or  partly  situate. 

(/)  As  to  "university  constituency,"  see  p.  38, 


Local 

government 

franchise 

(women). 


LEGAL  INCAPACITIES  (WOMEN).  67 

Or  B.—  Sect.  4. 

(1)  She  must  have  attained  the  age  of  thirty  years. 

(2)  She  must  not  be  subject  to  any  legal  incapacity. 

(3)  She  must  be  the  wife  of  a  man  who  is  entitled 
to  be  registered  as  a  local  government  elector  in  respect 
of  premises  in  which  they  both  reside. 

I.  —  In  the  case  of  a  constituency  other  than  a  Parliamen- 

tary franchise 
university  constituency  —  (women)  in 

constituencies 


(1)  She  must  have  attained  the  age  of  thirty  ot 

*    university 

years.  —  See  p.  4,  supra.  The  remarks  there 
made  apply  equally  here,  with  the  exception  that 
the  age  of  thirty  years  must  be  substituted  for 
that  of  twenty  one  years  or  "  full  age." 

(2)  She  must  not  be  subject  to  any  legal  in- 
capacity. —  See  pp.  4  —  8,  supra.     With  the  excep- 
tions mentioned  below,  the  incapacities  attaching 
to  men  would  no  doubt  apply  equally  to  women, 
but  it  must  be  remembered  that  certain   offices 
which  deprive  a  man  of  the  status  of  a  parlia- 
mentary elector  have  not  as  yet  been  open  to  or 
held  by  women. 

Dealing  with  the  list  of  persons  who  are  legally 
incapacitated,  which  is  set  out  on  pp.  5  —  7,  supra, 
as  to  the  first  head,  sect.  9  (5)  of  the  present  Act 
expressly  declares  that  a  peeress  in  her  own  right 
is  not  under  any  legal  incapacity  which  prevents 
her  from  being  registered  or  voting,  and  although 
there  is  no  express  provision  to  that  effect,  it  is 
clear  that  a  peeress  by  marriage  would  not  be 
subject  to  any  incapacity,  as  the  constitutional 
reasons  for  which  peers  are  excluded  from  the 

5(2) 


68  REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 

Sbot.  4.  parliamentary  franchise  have  no  application  to 
women  (y). 

As  to  the  second  head  (h)  in  such  list,  viz., 
"  a  person  holding  any  one  of  certain  offices," 
women  are  not  eligible  for  these  offices,  so  that 
this  incapacity  does  not  apply  to  them. 

As  to  head  (3),  viz.,  "  an  infant,"  it  is  clear  that 
a  woman  under  the  age  of  thirty  is  legally  inca- 
pacitated with  respect  to  the  parliamentary  fran- 
chise as  though  she  were  an  infant  of  the  other  sex. 

As  to  the  persons  included  under  heads  (4)  to 
(8)(/),  (viz.,  an  alien,  an  idiot,  a  lunatic  who  is 
not  at  the  time  of  voting  in  a  lucid  interval,  an 
imbecile  who  is  not  at  the  time  of  voting  eompos 
mentis,  a  person  convicted  of  treason  or  felony 
and  sentenced,  unless  he  has  suffered  his  punish- 
ment T  received  a  free  pardon),  the  incapacities 
referre  to  would  apply  equally  to  women  as  to 
men.  The  same  is  true  of  all  the  remaining 
classes  of  persons  mentioned  under  heads  (9)  to 
(16)  on  pp.  6,  7,  supra. 

As  to  head  (IT),  conscientious  objectors,  who 
come  within  the  provisions  of  sect.  9  (2)  of  the 
present  Act,  this  class  of  persons  can  never  include 
a  woman,  and  it  is  expressly  provided  by  sect.  9  (2) 
that  any  incapacity  attaching  to  such  conscientious 
objector  shall  not  affect  the  rights  of  his  wife. 

(3)  She  must  (a)  be  entitled  to  be  registered  as  a 
local  government  elector  in  respect  of  the  occu- 
pation in  that  constituency  (i)  of  land  or  pre- 

(g)  See  Chorlton  v.  Linys  (1868),  L.  R.  6  C.  P.  374  ;  Btanchmnp 
(Earl]  v.  Madresfield  (1872),  L.  R.  8  C.  P.  24d. 
(h]  See  p.  5,  supra. 
(t)  See  pp.  5,  6,  8iq.>ra. 


WOMEN'S  PARLIAMENTARY  FRANCHISE. 

mises  (not  being  a  dwelling-house)  of  a  yearly      Sect.  4. 
value  of  not  less  than  five  pounds,  or  (ii)  of  a 
dwelling-house,  or  (b)  be  the  wife  of  a  husband 
who  is  entitled  to  be  so  registered. 

It  will  be  noticed  that  there  is  a  material 
difference,  besides  that  of  age,  between  the  quali- 
fications which  confer  the  parliamentary  franchise 
(in  constituencies  other  than  university  constitu- 
encies) on  a  woman  and  those  which  confer  it  on 
a  man.  Those  qualifications  in  the  case  of  a 
man  depend  on  residence  or  on  the  occupation 
of  business  premises  (A),  and  are  distinct  from 
the  local  government  franchise  (I).  In  order  to 
entitle  a  woman  to  the  parliamentary  franchise, 
she  must  be  (1)  qualified  as  a  local  government 
elector  in  respect  of  the  occupation  of  a  particular 
kind  of  premises,  or  (2)  the  wife  of  a  man  so 
qualified. 

The  occupation  here  required  is  the  same  as 
that  required  in  the  case  of  a  man  by  sect.  3,  i.e.  it 
must  be  occupation  as  owner  or  tenant  or  by  virtue 
of  an  office  service  or  employment  or  as  a  lodger 
in  a  room  or  rooms  let  unfurnished.  As  to  what 
constitutes  such  occupation,  see  pp.  43 — 60,  supra. 

In  applying  what  is  said  on  pp.  56,  57,  59,  supra, 
with  regard  to  joint  occupation  to  the  women's 
franchise  now  under  consideration,  it  is  important 
to  notice  the  provisions  of  sect.  7  (1)  (b),  which  are 
as  follows: — "In  the  case  of  the  occupation  of 
land  or  premises  (not  being  a  dwelling-house)  the 
aggregate  yearly  value  thereof  must  for  the  pur- 

(A-)  See  sect.  1,  pp.  1 — 3,  supra. 
(1}  See  sect.  3,  pp.  40,  41,  supra. 


70  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  4.  pose  of  the  parliamentary  franchise  of  women  be 
not  less  than  the  amount  produced  by  multiplying* 
five  pounds  by  the  number  of  joint  occupiers." 

Further,  the  provisions  of  sect.  7(1)  (c),  dealt 
with  on  pp.  56,  57,  59,  supra,  are  of  course  equally 
applicable  here. 

The  particular  kind  of  premises  must  be  either 
(1)  land  or  premises  which  are  not  a  dwelling- 
house  (such  land  or  premises  being  of  a  yearly 
value  of  not  less  than  5/.),  or  (2)  a  dwelling- 
house — such  particular  kind  of  premises  being  in 
the  constituency  for  which  the  woman  is  to  be 
registered.  The  premises  other  than  land  just 
referred  to  under  (1)  can  be  any  building  or 
structure  of  whatsoever  kind,  or  any  part  thereof, 
so  long  as  it  is  capable  of  being  occupied  and  is 
of  the  yearly  value  of  5/.  As  to  the  meaning  of 
''dwelling-house,"  see  pp.  49 — 54,  supra. 

It  is  submitted,  although  it  is  a  difficult  point,  that 
the  expression  "  dwelling-house  "  in  sect.  4  (1)  (c) 
does  not  include  lodgings.  As  was  pointed  out 
on  p.  49,  supra,  by  sect.  41  (8)  "  the  expression 
1  dwelling-house '  includes  any  part  of  a  house 
where  that  part  is  occupied  separately  as  a  dwell- 
ing-house," but  a  lodger  does  not,  in  the  legal 
sense,  occupy  his  lodgings  (m).  It  would  therefore 
appear,  however  unsatisfactory  such  a  conclusion 
may  be  to  many  persons,  that  in  order  to  qualify 
under  sect.  4  ( 1 )  (c),  a  woman  who  is  a  lodger  must 
have  lodgings  of  the  yearly  value  of  not  less  than  5/. 

(m)  See  Kettt  v.  Fittall,  (1906)  1  K.  B.  60  (C.  A.),  and  pp.  25,  26, 
57 — 59,  supra. 


WOMEN'S  PARLIAMENTARY  FRANCHISE.  71 

AH    to    the 'meaning    of    "yearly  value,"    see      Sect.  4. 
pp.  28 — 33,  supra. 

As  to  the  alternative  qualification  mentioned 
under  3  (b)  on  pp.  68,  69,  in  order  to  obtain  this 
qualification,  the  husband  of  the  woman  to  be 
registered  must  be  qualified  in  the  same  way  as  a 
woman  must  be  under  3  (a)  on  p,  68,  i.e..  as  a  local 
government  elector  in  respect  of  the  occupation 
in  the  constituency  of  land  or  premises  (not  being 
a  dwelling-house)  of  a  yearly  value  of  not  less 
than  five  pounds  or  of  a  dwelling-house. 

As  to  the  qualifying  period  applicable  to  the 
husband  where  he  is  a  "naval  or  military  voter," 
see  pp.  96,  97,  infra. 

It  may  be  pointed  out  that  it  will  not  in  every 
case  be  necessary  for  the  husband  himself  to  be 
in  actual  occupation  of  the  premises  in  order  that 
his  wife  should  obtain  the  local  government  fran- 
chise, provided  that  he  fulfils  the  conditions  of 
constructive  occupation  (»). 

It  is  also  clear,  from  the  express  words  of  the 
section,  that  for  the  wife  to  be  qualified,  it  is  not 
necessary  for  the  husband  to  be  in  fact  registered, 
it  is  sufficient  if  he  is  entitled  to  be  registered. 

The  meaning  of  the  words  in  that  constituency 
in  sect.  4  (1)  (c)  raises  a  question  of  some  difficulty. 
One  of  the  requirements  of  the  parliamentary 
franchise  for  women  under  sect.  4  (1)  is  that  she 
must  be  "  entitled  to  be  registered  as  a  local 
government  elector  in  respect  of  the  occupation 
in  that  constituency  of  land  or  premises  .  .  .  ." 
By  sect.  4  (3),  she  "shall  be  entitled  to  be  regis- 

(//)  See  pp.  44,  45,  supra. 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  4.     tered  as  a  local  government  elector  for  any  local 
government  electoral  area — 

(a)  where  she  would  be  entitled  to  be  so  regis- 

tered if  she  were  a  man ;  .  .  .  ." 
By  sect.    3    "  a  man   shall  be    entitled    to  be 
registered  as  a  local   government    elector  for  a 
local  government  electoral  area  if  he    .    .    .    . 

(b)  has,   during    the  whole  of   the  qualifying 

period,  so  occupied  (i.e.,  as  owner  or 
tenant)  any  land  or  premises  in  that 
area,  or  if  that  area  is  not  an  adminis- 
trative county  or  a  county  borough  in 
any  administrative  county  or  county 
borough  in  which  the  area  is  wholly  or 
partly  situate  :  .  .  ." 

The  question  therefore  arises  whether  the  words 
u  in  that  constituency  "  in  sect.  4  (1)  (c)  limit  the 
area  within  which  the  land  or  premises  which 
qualify  a  woman  for  the  parliamentary  franchise 
must  be,  to  the  constituency  for  which  she  is  to 
be  registered,  or  whether  the  wider  area  described 
in  the  words  quoted  above  from  sect.  3  is  to  be 
taken  as  being  referred  to  by  implication  in 
sect.  4  (1)  (c)  as  the  area  within  which  the  quali- 
fying land  or  premises  may  be. 

Although  it  would  seem  probable  that  the  Legis- 
lature intended  that  the  first  of  these  interpreta- 
tions should  be  given  to  the  sections  in  question, 
it  is  submitted  that  sect.  4(1)  (c)  should  be  con- 
strued according  to  the  plain  meaning  of  its  express 
words,  and  that  therefore  the  qualifying  land  or 
premises  must  be  situated  in  the  constituency  for 
which  the  woman  is  seeking  to  be  registered. 


WOMEN'S  LOCAL  GOVERNMENT  FRANCHISE. 
As  to  the  manner  in  which  a  woman  who  is  a      Sect.  4. 


"naval  or  military  voter"  can  obtain  the  parlia- 
mentary franchise,  see  pp.  93,  94,  infra. 

II.  In  the  case  of  a  university  constituency— 

(1)  She  must  have  attained  the  age  of  thirty 
years. — See   p.  67,    supra.     The   remarks   there 
made  apply  equally  here,  except  that  the  age  of 
thirty   years   must    be    substituted    for   that    of 
twenty-one  years  or  "  f ull  age." 

(2)  She  must  (a)  fulfil  the  conditions  which  if  she 
were  a  man  would  entitle  her  to  be  registered  as 
a  parliamentary  elector  for  a  university  con- 
stituency  or   (b)   have  been   admitted   to    and 
passed  the  final  examination,  and  kept  under  the 
conditions  required  of  women  by  the  university 
the  period  of  residence,  necessary  for  a  man  to 
obtain  a  degree  at  any  university  forming,  or 
forming  part  of,  a  university  constituency  which 
did  not  at  the  time  the  examination  was  passed 
admit  women  to  degrees. 

As  to  (a)  above,  see  s.  2  and  pp.  38,  39,  supra. 
As  to  (b)  above,  the  only  universities  where  women 
are  not  admitted  to  degrees  are  Oxford  and  Cam- 
bridge. 

As  was   pointed   out    on    p.    66,    supra,  there  Local 

r  .   .  government 

are  two  alternative  sets  of  conditions  there  re-  franchise 
ferred  to  under  the  headings  A  and  B,  one  or 
other  of  which  sets  of  conditions  must  be  fulfilled 
in  order  to  entitle  a  woman  to  be  registered  as  a 
local  government  elector  for  a  local  government 
electoral  area. 

(1)  She  must  be  of  full  age. — See  p.  4,  supra. 
*rhe  local  government  franchise  is  given  to  women 


REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 

Sect.  4.  at  the  same  age  as  to  men,  viz.  at  twenty-one 
years,  and  not  at  thirty,  as  in  the  case  of  the 
parliamentary  franchise  for  women. 

(2)  She   must  not   be   subject  to  any  legal   inca- 
pacity.— See  pp.  67,  68,  supra. 

The  nature  of  the  incapacity  is  the  same  here 
as  in  the  case  of  a  parliamentary  elector  (p).  and 
what  is  said  on  pp.  67,  68,  supra,  as  to  the  legal  in- 
capacities of  female  parliamentary  electors  applies 
equally  here,  except  that  no  question  arises  in 
regard  to  the  position  of  peeresses,  as  peers  are 
tinder  no  incapacity  in  respect  of  the  local  govern- 
ment franchise  (q). 

(3)  She  must  on   the   last   day    of  the  qualify  ing 
period  be  occupying  as  owner  or  tenant  any  land  or 
premises  in  the  local  government  electoral  area. — See 
pp.  42 — 61,  supra,  where  everything  that  is  said 
with  regard  to  the  local  government  franchise  for 
men  applies  to  women. 

(4)  She  must  during  the  ivhole  of  the  qualifying 

period  have  occupied  as  owner  or  tenant  any  land  or 

premises  in  the  local  government  electoral  area,  or  if 

that  area  is  not  an  administrative  county  or  a  county 

borough,  in  any  administrative  county  or  county  borough 

in  whicJi  the  area  is  wholly  or  partly  situate. — See 

pp.  61 — 63,  supra.     Everything  there  said  applies 

here.     It  must  be  remembered  that  as  in  the  case 

of  a  man,  so  in  the  case  of  a  woman  who  is  a 


(l>)  See  pp.  4—5,  7 — 8,  supra, 
(q)  See  p.  42,  footnote  (o),  sxj.ru. 


WOMEN^S  LOCAL  GOVERNMENT  FRANCHISE.  75 

"  naval  or  military  voter,"  the  qualifying  period      Sect.  4. 
is  one  month  instead  of  six  months  (r). 

The  set  of  conditions  under  A  above  give  the 
effect  of  sect.  4  (3)  (a). 

B.- 

(1)  She  must  have  attained  the  age  of  thirty 
years. — As  to  this,  see  p.  67,  supra. 

It  should  be  noticed  that  the  necessary  age 
here  is  thirty  years,  as  in  the  case  of  the  parlia- 
mentary franchise  for  women,  in  contradistinc- 
tion to  the  alternative  local  government  franchise 
under  heading  A  above,  in  which  case  the  neces- 
sary age  is  twenty-one  years. 

(2)  She  must  not  be  subject  to  any  legal  inca- 
pacity.— See  p.  74,  supra. 

(3)  She  must  be  the  wife  of  a  man  who   is 
entitled   to  be    registered  as  a  local  government 
elector  in   respect  of  premises   in  which  they 
both  reside. — This  qualification  enfranchises  for 
local   government   purposes   all    married  women 
who  live  with  their  husbands  in  premises  in  re- 
spect   of   which    the   husband   is  entitled    to  be 
registered  as  a  local  government  elector. 

As  to  the  conditions  which  must  be  fulfilled  in 
order  to  entitle  a  man  to  be  so  registered,  see 
pp.  41,  42  et  seq.,  supra. 

The  words  "  premises  in  which  they  both  re- 
side "  do  not  necessitate  a  "  joint  occupation " 
within  the  meaning  of  sect.  3  on  the  part  of 
the  husband  and  wife.  All  that  is  required  is 
that  the}^  should  both  "  reside"  in  the  premises. 

(r)  See  sect.  6,  p.  94,  and  pp.  96,  97,  infra. 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  4.     As  to  the  meaning  of   the  word   "reside,"  see 
pp.  11 — 16,  supra. 

The  following  words  at  the  end  of  sect.  4 
should  be  noticed  : — 

For  the  purpose  of  this  provision,  a  naval  or 
military  voter  who  is  registered  in  respect  of  a 
residence  qualification  which  he  would  have 
had  but  for  his  service,  shall  be  deemed  to  be 
resident  in  accordance  with  the  qualification. 

Thus,  a  man  serving  in  India  in  connection 
with  the  War  who  but  for  such  service  would  be 
residing  with  his  wife  will  for  the  purpose  of  her 
enfranchisement  be  deemed  to  be  residing  in  the 
premises  where  his  wife  is  residing. 

As  to  the  meaning  of  the  words  "a  naval  or 
military  voter,"  see  pp.  79 — 85,  infra.  As  to  the 
qualification  referred  to,  see  pp.  86 — 88,  infra. 

5. — (1)  A  person  to  whom  this  section 
applies  (in  this  Act  referred  to  as  "  a  naval 
or  military  voter  ")l  shall  be  entitled  to  be 
registered  as  a  parliamentary  elector  for  any 
constituency  for  which  he  would  have  had 
the  necessary  qualification  but  for  the  service 
which  brings  him  within  the  provisions  of 
this  section.2 

The  right  to  be  registered  in  pursuance  of 
the  foregoing  provision  shall  be  in  addition 
to  any  other  right  to  be  registered,3  but  a 

1  See  pp.  79—85,  infra.     *  See  pp.  82—95,  infra. 
3  See  pp.  90,  91,  94,  infra 


NAVAL  AND  MILITARY  VOTEUs. 

naval  or  military  voter  shall  not  be  entitled  sect.  5. 
to  be  registered  for  a  constituency  in  respect 
of  an  actual  residence  qualification  in  the 
constituency  except  on  making  a  claim  for 
the  purpose  accompanied  by  a  declaration  in 
the  prescribed  form  that  he  has  taken  rea- 
sonable steps  to  prevent  his  being  registered 
under  the  foregoing  provision  for  any  other 
constituency.4 

(2)  The  statement  of  any  person,  made  in 
the  prescribed  form  and  verified  in  the  pre- 
scribed manner,  that  he  would  have  had  the 
necessary   qualification  in  any  constituency 
but  for  the  service  which  brings  him  within 
the  provisions  of  this  section,  shall  for  all 
purposes  of  this  section  be  sufficient  if  there 
is  no  evidence  to  the  contrary. 

(3)  This  section  applies  to  any  person  who 
is  of  the  age  required  under  this  Act  in  the 
case  of  that  person6  and  is  not  subject  to  any 
legal  incapacity,7  and  who— 

(i)  is  serving  on  full  pay  as  a  member  of 

any  of  the  naval,  military  or    air 

forces  of  the  Crown8 ;  or 
(ii)  is  abroad  or  afloat  in  connection  with 

any  war  in  which  His  Majesty  is 

engaged,9  and  is 

4  See  pp.  91—93,  infra.  1  See  p.  82,  infra. 

8  See  pp.  82,  83,  infra. 
r'  See  pp.  80—82,  infra.  9  See  pp.  S3,  84,  infra. 


REPRESENTATION  OF  THK  PEOPLE  ACT,  1918. 

sect.  s.  (a)  in  service  of  a  naval  or  mili- 

tary character  for  which  payment 
is  made  out  of  moneys  provided 
by  Parliament,  or  (where  the  person 
serving  was  at  the  commencement 
of  his  service  resident  in  the  United 
Kingdom)  out  of  the  public  funds 
of  any  part  of  His  Majesty's  Do- 
minions, or  in  service  as  a  merchant 
seaman,  pilot,  or  fisherman,  includ- 
ing the  master  of  a  merchant  ship 
or  fishing  boat  and  an  apprentice 
on  such  ship  or  boat10 ;  or 

(b)  serving  in  any  work  of  the 
British  Red  Cross  Society,  or  the 
Order  of  St.  John  of  Jerusalem  in 
England,  or  any  other  body  with  a 
similar  object ;  or 

(c)  serving   in    any   other    work 
recognised  by  the  Admiralty,  Army 
Council,  or  Air  Council,  as  work  of 
national  importance  in  connection 
with  the  war.11 

(4)  A  male  naval  or  military  voter  who 
has  served  or  hereafter  serves  in  or  in  con- 
nection with  the  present  war  shall,  notwith- 
standing anything  in  this  or  any  other  Act, 

10  See  pp.  83,  84,  Infra.  n  See  pp.  84,  85,  infra. 


NAVAL  AND  MILITARY  VOTERS. 

be  entitled  to  be  registered  as  a  parliamen-  __sect.  s. 
tary  elector  if  that  voter  at  the  commence- 
ment of   service    had   attained,    or   during 
service  attains,   the  age  of  nineteen  years, 
and  is  otherwise  qualified.12 

NOTE. — This  section  relates  only  to  the  parlia- 
mentary franchise,  and  applies  only  to  a  person 
who  comes  within  the  provisions  of  sub-sect.  (3) 
above.  Such  person  is  referred  to  in  this  Act  as 
a  naval  or  military  voter.  In  order  that  a  per- 
son should  come  within  this  description,  the  fol- 
lowing conditions  must  be  fulfilled  :— 

(1)  If  such  person   is  a   man,  he  must  be  of  full 
age,  or,  subject  to  certain  requirements  ( t\  younger  ; 
if  such  person  is  a  woman  (&),  she  must  have  attained 
the  age  of  thirty  years. 

(2)  Such  person   must  not   be   subject   to    any 
legal  incapacity. 

(3)  Suck  person  must  be  (i)  serving  on  full  pay  as 
a  member  of  any  of  the  naval,  military  or  air  forces 
of  the   Crown  ;  or  (ii)  abroad  or  afloat  in  connection 
with  any  war  in  which  His  Majesty  is  engaged,  and 

12  See  pp.  80—82,  infra. 


{i}  See  pp.  80 — 82,  infra. 

(u]  It  would  appear  that  sect.  5  is  not  confined  to  men  in  its 
application.  The  word  "person"  includes  both  men  and  women, 
an*  the  use  of  the  word  "male"  in  sub-section  (4)  indicates  that 
the  use  of  the  expression  "naval  or  military  voter "  is  not  confined 
to  men.  Moreover,  the  provisions  of  sub-sect.  (3)  (ii)  ( b)  show  beyond 
doubt  that  a  woman  can  be  a  naval  or  military  voter.  See  also 
Interpretation  Act,  1889,  s.  1  (1). 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  5.  (a)  in  service  of  a  naval  or  military  character  for 
which  payment  is  made  out  of  moneys  provided  by 
Parliament^  or  {where  the  person  serving  tvas  at  the 
commencement  of  his  service  resident  in  the  United 
Kingdom]  out  of  the  public  funds  of  any  part  of  His 
Majesty's  Dominions,  or  in  service  as  a  merchant 
seam<m,  pilot  or  fisherman,  including  the  master  of  a 
merchant  ship  or  fishing  boat,  and  an  apprentice  on 
such  ship  or  boat ;  or  (b)  serving  in  any  work  of  the 
British  Red  Cross  Society  or  the  Order  of  St.  Jolm 
of  Jerusalem  in  England,  or  any  other  body  with  a 
similar  object ;  or  (c)  serving  in  any  other  work 
recognised  by  the  Admiralty,  Army  Council  or  Air 
Council  as  work  of  national  importance  in  connection 
with  the  war. 

( 1)  If  such  person  is  a  man  he  must  be  of  full  age 
or  subject  to  certain  requirements  may  be  younger  ;  if 
such  person  is  a  woman  she  must  have  attained  the  age  of 
thirty  years. 

Sect.  5  (3)  states  that  this  section  (sect.  5) 
applies  to  any  person  who  is  of  the  age  re- 
quired under  this  Act  in  the  case  of  that  person* 
The  age  required  under  this  Act  is  in  the  case  of 
a  man.  subject  to  the  exception  contained  in  sect* 
5  (4),  full  age  or  twenty-one  years,  and  in  the 
case  of  a  woman  as  regards  the  parliamentary 
franchise  (to  which  the  above  section  alone  relates) 
thirty  years.  As  to  the  meaning  of  'k  full  age," 
see  p.  4,  supra.  As  to  the  meaning  of  "  thirty 
years,"  see  p.  67,  supra. 

Sect.  5  (4)  is  as  follows  : — A  male  naval  or 
military  voter  who  has  served  or  hereafter 


NAVAL  AND  MILITARY  VOTERS  QUALIFIED  AT  NINETEEN.  81 

serves  in  or  in  connection  with  the  present  war  sect.  6 
shall,  notwithstanding  anything  in  this  or  any 
other  Act,  be  entitled  to  be  registered  as  a  par- 
liamentary elector  if  that  voter  at  the  com- 
mencement of  service  had  attained,  or  during 
service  attains,  the  age  of  nineteen  years,  and 
is  otherwise  qualified. 

This  sub-section  applies  to  any  male  person 
who  falls  within  sect.  5  (3)  (i)  or  (ii)  above  and 
"  has  served  or  hereafter  serves  in  or  in  connec- 
tion with  the  present  war." 

The  words,  and  is  otherwise  qualified,  at  the 
end  of  the  sub-section  refer,  of  course,  to  the 
qualifications  for  the  franchise  required  by 
sect.  5(1)  (y). 

As  to  when  a  man  will  be  held  to  have  attained 
the  age  of  nineteen  years,  see  p.  4,  supra. 

It  seems  clear  that,  notwithstanding  the  lan- 
guage used  in  sect.  5  (4)  set  out  above,  as  in  the 
case  of  full  age,  so  here  the  age  of  nineteen  years 
must  be  attained  not  later  than  the  last  day  of 
the  qualifying  period  (2),  i.e.,  on  January  15th  or 
July  loth  as  the  case  may  be. 

The  effect  of  sub-sect.  (4)  is  to  enfranchise  all 
soldiers  and  sailors  and  other  men  who  come 
within  sect.  5  (3)(i)  and  (ii),  provided  they  have 
served  in  connection  with  the  war,  at  the  age  of 
nineteen,  subject,  of  course,  to  their  having  the 
requisite  qualifications  (y). 

It  must  further  be  noticed  that  it  is  only  while 

(y)  As  to  these  qualifications,  see  pp.  85,  86,  86 — 93. 
(2)  See  p.  4,  supra, 

F.  6 


82  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  5.  he  is  actually  serving  that  a  person  comes  within 
the  description  of  a  naval  or  military  voter,  and 
that  therefore  if  a  man  is  discharged  from  or 
otherwise  terminates  the  service  which  consti- 
tutes him  a  naval  or  military  voter  before  he  has 
attained  the  age  of  twenty-one,  he  is  legally  in- 
capacitated (e)  from  being  registered  or  voting 
during  the  interval  between  such  discharge  or  ter- 
mination and  the  time  when  he  attains  such  age. 

(2)  Such  person  must  not  be  subject  to  any  legal 
incapacity. — See  pp.  2 — 8,  67,  68,  supra. 

(3)  Such  person  must  be  (i)  serving  on  full  pay 
as  a  member  of  any  of  the  naval,  military  or  air 
forces  of  the  Crown. — Anyone  coming  within  this 
description  need  not  be  abroad  or  afloat  in  order 
to  qualify  for  the  vote  under  this  sub-section. 

It  is  believed  that  women  are  not  officially  re- 
cognised by  the  Admiralty,  Army  Council  or  Air 
Council  as  members  of  the  naval,  military  or  air 
forces  of  the  Crown,  but  Forms  (6)  and  (7)  in 
Part  V.  of  the  Schedule  to  the  Order  in  Council 
dated  March  4th,  1918,  set  out  on  pp.  573,  574, 
infra,  are  headed  "  Women  serving  with  the  Mili- 
tary Forces"  and  "  Women  serving  with  the  Air 
Force"  respectively.  Form  (8)  (a),  on  the  other 
hand,  is  headed  "  Women  serving  abroad  or  afloat 
in  connection  with  the  war."  In  view  of  the  fact 
that  by  sect.  5  (3)  (i)  it  is  only  a  person  "  serving 
on  full  pay  as  a  member  of  any  of  the  naval, 
military  or  air  forces  of  the  Crown  "  who  obtains 
the  franchise  as  a  naval  or  military  voter  without 

(«)  See  pp.  4 — 8,  supra. 
(a)  Set  out  on  p.  574,  infra. 


NAVAL  AND  MILITARY  VOTERS.  83 

being  abroad  or  afloat,  it  would  appear  probable     Sect.  6. 
that  women,  e.g.  members  of  the  Women's  Army 
Auxiliary  Corps,  or  women  serving  with  the  Army 
Service  Corps  or  Royal  Air  Force  would  fulfil 
the  requirements  of  (3)  (i)  above. 

The  service  required  under  (3)  (i)  above  is  in 
no  way  dependent  on  the  existence  of  the  present 
or  any  other  war. 

Or  (ii)  abroad  or  afloat  in  connection  with 
any  war  in  which  His  Majesty  is  engaged  and 
is  (a)  in  service  of  a  naval  or  military  character 
for  which  payment  is  made  out  of  moneys  pro- 
vided by  Parliament  or  (where  the  person  ser- 
ving was  at  the  commencement  of  his  service 
resident  in  the  United  Kingdom)  out  of  the  public 
funds  of  any  part  of  His  Majesty's  Dominions, 
or  in  service  as  a  merchant  seaman,  pilot  or 
fisherman  including  the  master  of  a  merchant 
ship  or  fishing1  boat  and  an  apprentice  on  such 
ship  or  boat  or  (b)  serving  in  any  work  of  the 
British  Red  Cross  Society  or  the  Order  of  St. 
John  of  Jerusalem  in  England  or  any  other  body 
with  a  similar  object  or  (c)  serving  in  any  other 
work  recognised  by  the  Admiralty,  Army  Coun- 
cil, or  Air  Council  as  work  of  national  importance 
in  connection  with  the  war. 

Abroad. — This  means  outside  the  United  King- 
dom of  Great  Britain  and  Ireland. 

Afloat.— By  sect.  41  (10)  (b)  of  the  present  Act 
this  word  "  shall  be  interpreted  in  accordance 

(b)  Set  out  at  p.  308,  infra. 

6(2) 


4  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  5.      with    rules  (e)    made    for    the  'purpose    by   the 
Admiralty." 

In  connection  with  any  war  in  which  His 
Majesty  is  engaged. — The  service  required  by 
sect.  5  (3)  (ii)  is  not  limited  to  the  present  war, 
but  may  be  in  connection  with  any  future  war. 
The  word  "  war"  here  would,  it  is  submitted,  be 
interpreted  as  including  only  a  state  of  hostilities 
between  his  Majesty  011  the  one  side  and  an  inde- 
pendent sovereign  State  on  the  other. 

In  service  of  a  naval  or  military  character  for 
which  payment  is  made  out  of  moneys  provided 
by  Parliament,  or  (where  the  person  serving  was 
at  the  commencement  of  his  service  resident  in 
the  United  Kingdom)  out  of  the  public  funds  of 
any  part  of  His  Majesty's  Dominions. — These 
words  are  wide  and  would  apparently  include 
persons  who,  being  paid  out  of  public  moneys, 
are  not  in  direct  naval  or  military  service,  for 
instance,  mine-sweepers  and  men  engaged  on 
labour  or  railway  work  connected  with  military 
operations.  They  would  also,  no  doubt,  include 
many  women  engaged  in  transport,  clerical,  and 
other  work,  directly  connected  with  hostilities,  as, 
for  example,  members  of  the  Women's  Army 
Auxiliary  Corps.  As  to  the  meaning  of  the  word 
resident,  see  pp.  11 — 16,  supra. 

As  to  head  (3)  (ii)  (c)  above,  this  category  of 
persons  includes  persons,  abroad  or  afloat,  serving 
in  any  work  recognised  by  the  Admiralty,  Army 
Council,  or  Air  Council  as  work  of  national  im- 
portance in  connection  with  the  war,  and,  like 

(c)  For  these  rules,  see  p.  628,  infra. 


QUALIFICATIONS  OF  NAVAL  AND  MILITARY  VOTERS.  H5 

heads  3  (ii)  (a)  and  (b),  women  as  well  as  men.  Sect.  5. 
The  words,  work  recognised  by  the  Admiralty, 
Army  Council  or  Air  Council,  refer  to  the 
work  mentioned  on  p.  635,  infra.  It  should 
be  noticed  that  the  word  war  in  the  words 
in  connection  with  the  war  at  the  end  of  (c) 
above,  refers  to  the  words  in  (ii),  any  war  in 
which  His  Majesty  is  engaged,  and  therefore 
not  to  the  present  war  only. 

Having  dealt  with  the  question  who  is  a  naval  Qualifications 

.     .  11*1     of  naval  and 

or  military  voter,  it  is  now  necessary  to  deal  with  military 
the  qualifications  which  entitle  a  naval  or  military  v 
voter  (i.e.,  a  person  to  whom  sect.  5  applies)  to  be 
registered. 

These  qualifications  are  as  follows : — 

A. — A  male  naval  or  military  voter  shall  be  entitled 
to  be  registered  as  a  parliamentary  elector  for  any 
constituency — 

(1)  If  he  would)  but  for  the  service  which  brings 
him  within  the  provisions  of  sect.  5,  have  had  (a)  the 
requisite  residence  qualification  in    the  constituency  : 
or  (b)  the  requisite  business  premises  qualification  in 
the  constituency  ;  or  (c)  in  the  case  of  a  university 
constituency   the  requisite  qualification  for  such  uni- 
versity constituency  ;  or 

(2)  If  he  has  the  requisite  business  premises  quali- 
fication in  the  constituency  ;  or 

(3)  If  he  has  the  requisite  residence  qualification  in 
the  constituency ',  provided  in  this  case  that  he  makes 
a  claim  for  the  purpose,  accompanied  by  a  declaration 
in  the  prescribed  form  ;  or 


86  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  5.          (4)  If  in  the  case  of  a  university  constituency  he 
has  the  requisite  qualification  for  such  constituency. 

B.  —  A  female  naval  or  military  voter  shall 
be  entitled  to  be  registered  as  a  parliamentary 
elector  for  any  constituency— 

(1)  If  she  would  but  for  the  service  which  brings 
her  within   the  provisions  of  sect.   5  (a)  have  been 
entitled  to  be  registered  as  a  local  government  elector 
in  respect  of  the  occupation  in  that  constituency  of  land 
or  premises  (not  being  a  dwelling-house]  of  a  yearly 
value  of  not  less  than  £5  or  of  a  dwelling-house  ;  or 
(b)  if,  in  the  case  of  a  university  constituency,  she 
would  but  for  such  service  have  had  the  requisite  quali- 
fication for  such  university  constituency  ;  or 

(2)  If  she  is  entitled  to  be  registered  as  a  local 
government  elector  in  respect  of  the  occupation  in  that 
constituency  of  land  or  premises  (not  being  a  dwelling- 
house)  of  a  yearly  value  of  not  less  than  £5  or  of  a 
dwelling  -house,  or  is  the  wife  of  a  husband  entitled  t<> 
be  so  registered  ;  or 

(3)  If  in  the  case  of  a  university  constituency  she 
has  the  requisite  qualification  in  such  constituency. 

As  to  A.:—  A  male   naval    or   military  voter 


naval  and       shall  be  entitled  to  be  registered  as  a  parliamen- 
voters.          tary  elector  for  any  constituency— 

(1)  If  he   would  but  for  the   service  which 
brings  him  within  the  provisions  of  sect.  5  have 

had  (a)  the  requisite  residence  qualification  in  the 
constituency,  or  (b)  the  requisite  business  premises 
qualification  in  the  constituency,  or  (c)  in  the  case 
of  a  university  constituency  the  requisite  qualifica- 
tion for  such  university  constituency.  It  is  clear 


QUALIFICATIONS  OF  NAVAL  AND  MILITARY  VOTERS. 

that  this  is  the  meaning  of  the  first  sentence  of  Sect.  5. 
sect.  5(1).  The  words  in  that  section,  the  neces- 
sary qualification,  can  only  mean  the  requisite 
residence  qualification  or  the  requisite  business 
qualification  or  the  requisite  university  qualifi- 
cation. 

It  should  be  remembered  that  in  order  to  come 
within  the  description,  "  a  naval  or  military 
voter,"  a  person  must  have  fulfilled  the  con- 
ditions of  the  franchise  which  relate  to  age  and 
absence  of  legal  incapacity  (rf). 

The  words,  the  service  which  brings  him 
within  the  provisions  of  sect.  5,  refer,  of  course, 
to  the  various  kinds  of  service  mentioned  in 
sect.  5  (3)(0),  by  virtue  of  which  a  person  becomes 
a  "  naval  or  military  voter." 

As  to  the  meaning  of  (a)  the  requisite  residence 
qualification,  see  pp.  9 — 24,  supra.  As  to  the 
meaning  of  (b)  the  requisite  business  premises  quali- 
fication, see  pp.  £4 — 37,  supra. 

An  important  point  must  be  observed  with 
regard  to  the  requisite  residence  and  business 
premises  qualifications  in  their  application  to 
naval  and  military  voters.  By  the  proviso  in 
sect.  6  of  the  present  Act,  the  qualifying  period 
for  a  naval  or  military  voter  is  one  month,  ending 
either  on  January  15th  or  July  15th,  instead  of 
the  ordinary  qualifying  period  of  six  months.  In 
applying  the  observations  as  to  the  requisite  resi- 
dence qualification  on  pp.  9—24,  supra,  and  the 

(d)  See  pp.  79,  80—82,  supra, 

(e)  See  pp.  82 — 85,  gupra. 


88  KKPRFSKNTATION  OF  THE  PEOPLE  ACT,  1918. 

jBect.  5.  requisite  business  premises  qualification  on  pp. 
24 — 37,  supra,  to  naval  and  military  voters, 
this  difference  in  the  qualifying  period  must  be 
remembered. 

It  is  impossible  to  understand  fully  the  effect  of 
the  qualification  conferred  by  the  first  sentence  in 
sect.  5  (1),  and  stated  under  A.  (1)  on  p.  86,  with- 
out referring  shortly  to  the  method  and  machinery 
of  registration  connected  with  it.  By  Rule  17  of 
the  Registration  Rules  (/),  it  is  the  duty  of  the 
registration  officer  to  place  the  names  of  all  naval 
or  military  voters  (subject  to  the  two  exceptions 
there  mentioned(y)  )  on  the  absent  voters'  list. 
By  Rule  6  of  the  Registration  Rules  (h)  it  is 
the  duty  of  the  registration  officer  < '  to  cause  a 
house-to-house  or  other  sufficient  inquiry  to  be 
made  ...  of  all  persons  appearing  to  be  entitled 
to  be  registered  as  parliamentary  .  .  .  electors." 
In  the  course  of  this  inquiry  he  will  discover  the 
existence  of  a  number  of  men  and  women  absent 
on  various  kinds  of  war  service  in  his  registration 
area,  and  it  will  be  his  duty  to  ascertain  whether 
they  are  entitled  to  be  registered  on  the  absent 
voters'  list  as  naval  or  military  voters. 

By  sect.  5  (2),  the  statement  of  any  person, 
made  in  the  prescribed  form  and  verified  in  the 
prescribed  manner,  that  he  would  have  had  the 
necessary  qualification  in  any  constituency  but 
for  the  service  which  brings  him  within  the 

(/)  First  Schedule  to  the  present  Act,  pp.  345,  346,  infra.  See 
also  sect.  13,  pp.  133,  134,  infra. 

(</)  First  Schedule,  Rule  17  (a)  and  (b),  pp.  345,  346,  infra. 
(h)  First  Schedule,  p.  341,  infra. 


QUALIFICATIONS  OF  NAVAL  AND  MILITARY  VOTERS.  89 

provisions  of  this  section,  shall  for  all  purposes     sect.  5. 
of  this  section  be  sufficient  if  there  is  no  evi- 
dence to  the  contrary. 

If  the  registration  officer  receives  such  a  state- 
ment from  a  naval  or  military  voter  in  his  regis- 
tration area  and  there  is  no  evidence  to  the 
contrary  (which  in  the  great  majority  of  cases 
there  will  not  be),  he  need  inquire  no  further  as 
to  that  person's  qualifications.  In  the  absence 
of  such  a  statement,  however,  it  becomes  the 
duty  of  the  registration  officer  to  ascertain 
whether  the  naval  or  military  voter  would  have  had 
the  requisite  residence  qualification  or  the  requisite 
business  premises  qualification  but  for  the  service 
which  makes  him  or  her  a  military  voter.  By 
Rule  18  of  the  Registration  Rules  (i)  the  Admi- 
ralty, Army  Council  and  Air  Council  are  to 
furnish  to  the  registration  officer  such  particulars 
concerning  naval  and  military  voters  uas  may  be 
necessary  for  the  purpose  of  their  registration." 
Notwithstanding  this  assistance,  however,  inquiry 
as  to  whether  or  not  a  particular  person  is  entitled 
to  be  registered  will,  as  was  pointed  out  in  dealing 
with  these  qualifications  under  sect.  I  (/),  fre- 
quently raise  questions  of  great  difficulty  and 
complexity,  which,  it  is  evident,  it  will  often  be 
impossible  for  the  registration  officer  to  investigate 
adequately  and  to  decide  in  the  case  of  an  absent 
person.  It  seems  certain,  therefore,  that  in  gene- 
ral the  qualification  of  naval  and  military  voters 

(f)  First  Schedule,  p.  346,  infra. 
( /)  See  pp.  9 — 37,  supra. 


90  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  5.  under  head  (1)  above  will  be  ascertained  in  u 
rough  and  ready  manner  by  the  registration 
officer,  and  probably,  in  the  case  of  the  requisite 
residence  qualification,  merely  by  learning  that 
the  person  to  be  registered  lived  in  a  particular 
house  before  undertaking  his  or  her  war  service. 

If  the  registration  officer  once  places  the  name 
of  any  naval  or  military  voter  on  the  register,  the 
register  will  be  conclusive  evidence  of  that  per- 
son's right  to  vote(/t:).  It  should,  of  course,  be 
remembered,  however,  that  on  a  scrutiny  the 
election  court  would  disallow  the  votes  of  persons 
under  a  legal  incapacity  (/). 

As  to  (<?),  in  the  case  of  a  university  constituency 
the  requisite  qualification  for  such  university  con- 
stituency.— This  case  will  arise  very  rarely,  as  it 
is  only  where  the  naval  or  military  voter  has 
passed  the  necessary  examinations  and  kept  the 
necessary  residence  for  a  degree  but  has  not  yet 
been  admitted  to  such  degree  that  he  could  claim 
to  be  registered  under  this  head  (m). 

(2)  If  he  has  the  requisite  business  premises  qualifi- 
cation in  the  constituency. — In  sect.  5  (l)the  following 
words  appear  : — The  right  to  be  registered  in 
pursuance  of  the  foregoing  provision  (i.e.,  the 
first  sentence  in  sect.  5(1))  shall  be  in  addition 
to  any  other  right  to  be  registered.  It  follows, 
therefore,  that,  if  notwithstanding  his  service 

(£)  See  pp.  102—108,  infra. 
(/)  See  pp.  4—8,  102—108. 
(m]  See  pp.  38,  39,  supra. 


ACTUAL  RESIDENCE  QUALN.  OF  NAV.  AND  MIL.  VOTERS. 

within   the   meaning   of   sect.   5  (3)   a  naval   or     Sect.  5 
military  voter  has  in  fact  the  requisite  business 
premises  qualification  (n)  in  a  constituency,  he  is 
entitled  to  be  registered  in  such  constituency  by 
reason  of  that  qualification. 

In  considering  whether  a  naval  or  military 
voter  has  the  requisite  business  premises  qualifi- 
cation it  is  important  to  notice  the  modification 
in  the  length  of  the  qualifying  period  required, 
which  is  dealt  with  on  pp.  87,  88,  96,  97,  supra. 

It  should  be  observed  that  no  claim  is  necessary 
in  order  to  obtain  registration  under  head  (2). 

(3)  If  he  has  the  requisite  residence  qualification  in 
the  constituency,  provided  in  this  case  that  he  makes 
a  claim  for  the  purpose,  accompanied  by  a 
declaration  in  the  prescribed  form. 

By  sect.  5  (1)  ....  The  right  to  be  registered 
in  pursuance  of  the  foregoing  provision  (i.e.,  the 
provision  contained  in  the  first  sentence  in  sect.  5 ) 
shall  be  in  addition  to  any  other  right  to  be 
registered,  but  a  naval  or  military  voter  shall  not 
be  entitled  to  be  registered  for  a  constituency  in 
respect  of  an  actual  residence  qualification  in 
the  constituency  except  on  making  a  claim  for 
the  purpose  accompanied  by  a  declaration  in 
the  prescribed  form  that  he  has  taken  reasonable 
steps  to  prevent  his  being  registered  under  the 
foregoing  provision  for  any  other  constituency. 

Unlike  the  qualification  noticed  under  (2)  above, 
in  order  to  be  registered  by  virtue  of  an  actual 

(n)  See   pp.    24 — 37,    supra,    and   particularly    the   remarks   on 
constructive  occupation  on  pp.  26,  27, 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  6.  residence  qualification,  a  naval  or  military  voter 
must  make  a  claim  accompanied  by  the  declara- 
tion (n)  referred  to  in  that  part  of  sect.  5(1)  which 
is  set  out  above. 

It  is  submitted  that  the  words  actual  residence 
qualification  which  occur  there  are,  subject  to 
the  difference  in  the  length  of  the  qualifying 
period  pointed  out  on  pp.  87,  88,  supra,  equivalent 
to  the  words  "  requisite  residence  qualification"  (o) 
in  sect.  I  of  the  Act,  and  that  the  word  "  actual  " 
is  used  merely  to  distinguish  this  qualification 
from  a  residence  qualification  which  a  naval  or 
military  voter  "  would  have  had  "  "  but  for  the 
service  which  brings  him  within  the  provisions 
of  sect.  5"  (/?).  It  could  not,  it  is  suggested,  be 
held  that  the  "  residence"  here  required  must  be 
actual  as  opposed  to  constructive  residence  (q). 

The  object  of  the  requirement  of  the  above 
provision  is  to  prevent  the  registration  of  a 
naval  or  military  voter  in  more  than  one  con- 
stituency by  virtue  of  a  residence  qualification. 
The  case  contemplated  by  the  Act  is,  for  example, 
that  of  a  soldier  whose  home  is  in  one  constituency 
but  who  is  quartered  in  another.  If  he  desires 
to  be  registered  for  the  constituency  in  which 
he  is  quartered  by  reason  of  his  residence  there, 
rather  than  for  the  constituency  where  his  home 
is  and  where  he  would  have  resided  but  for  his 

(//)  For  form  of  claim  and  declaration,  see  p.  569,  -infra. 
\o]  As  to  the  meaning  of  these  words,  see  pp.  9  -  24,  supra, 
(p)  See  pp.  82 — 85,  supra. 
(</)  See  pp.  11 — 15,  supra. 


QUALIFICATIONS  OF  FEMALE  NAV.  AND  MIL.  VOTERS.  »* 

service,  he  must  make  the  claim  and  declaration  (r)     Beet.  5 
required  by  sect.  5  (1). 

(4)  If  in  the  case  of  a  university  constituency  he 
has  the  requisite  qualification  for  such  constituency. — 
As  to  this,  see  pp.  38 — 39,  supra. 

As   to  B. — A  female  naval  or    military  voter  Qualifications 
shall  be  entitled  to   be   registered  as  a   parlia- 
mentary  elector  for  any  constituency — 

(1)  If  she  would  but  for  the  service  which 
brings  her  within  the  provisions  of  sect.  5  (a)  have 
been  entitled  to  be  registered  as  a   local  government 
elector  in  respect  of  the  occupation  in  that  constituency 
of  land  or  premises  (not  being  a  dwelling-house)  of  a 
yearly  value  of  not  less  than  five  pounds,   or  of  a 
dwelling-house,  or  (b)  if,  in  the  case  of  a  university 
constituency,  she  would  but  for  such  service  have  had 
the   requisite   qualification  for   such    university    con- 
stituency. 

See  the  general  observations  under  A.  (1)  on 
pp.  86, 87,  supra.  As  to  the  qualifications  mentioned 
under  (1 )  (a)  above,  see  pp.  68 — 72,  supra.  As  to 
the  qualifications  mentioned  under  (1)  (b)  above, 
see  p.  73,  supra.  See  also  the  observations  as  to 
registration  on  p.  88,  supra,  which  apply  equally 
here  with  the  obvious  modifications. 

It  must  be  borne  in  mind  that  the  qualifying 
period  for  naval  or  military  voters  is  one  month, 
instead  of  six  months ;  see  pp.  96,  97,  infra. 

(2)  If  she  is  entitled  to  be  registered  as  a  local 
government  elector  in  respect  of  the  occupation  in  that 
constituency  of  land  or  premises  (not  being  a  dwelling- 
house)  of  a  yearly  value  of  not  less  than  five  pounds, 

(r)  See  p.  569,  infra. 


4  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  5.  or  of  a  dwelling-house,  or  is  the  wife  of  a  husband 
entitled  to  be  so  registered. 

In  view  of  the  words  in  the  second  sentence  of 
sect.  5  (1),  the  right  to  be  registered  in  pur- 
suance of  the  foregoing  provision  shall  be  in 
addition  to  any  other  right  to  be  registered, 
it  is  clear  that  a  female  naval  or  military  voter 
is  entitled  to  be  registered  by  reason  of  a  parlia- 
mentary qualification  which  she  in  fact  has. 

As  to  the  qualifications  here  referred  to,  see  pp. 
67 — 72,  supra.  It  must,  of  course,  be  remembered 
that  the  qualifying  period  for  a  naval  or  military 
voter  is  one  month ;  see  pp.  96,  97,  supra. 

(3)  If  in  the  case  of  a  university  constituency  she 
has  the  requisite  qualification  for  such  constituency. 
See  p.  73,  supra. 

6-  "  -'The  qualifying  period  shall  be  a 
period  of  six  months  ending  either  on  the 
fifteenth  day  of  January,  or  the  fifteenth 
day  of  July,  including  in  each  case  the 
fifteenth  day : l 

Provided  that  in  the  application  of  this 
section  to  a  person  who  is  a  naval  or 
military  voter,  or  who  has  been  serving  as 
a  member  of  the  naval,  military,  or  air 
forces  of  the  Crown  at  any  time  during 
the  said  six  months  and  has  ceased  so  to 
serve,  one  month  shall  be  substituted  for  six 
months  as  the  qualifying  period.2 

NOTE. — Sect.  6  defines  the  qualifying  period, 

1  See  pp.  95,  96,  infra.  2  See  pp.  96,  97,  infra. 


ORDINARY  QUALIFYING  PERIOD.  96 

which  is  one  of  the  elements  of  (1)  the  residence     Sect.  6. 
qualification  (r),  (2)  the  business  premises  quali- 
fication («),  (3)  the  local  government  franchise  for 
men  (£),    (4)  the  franchises   for  women  (u),   and 
(5)  the  franchise  of  naval  and  military  voters  (x). 

Sect.  6  in  effect  enacts  that  there  shall  be  two 
kinds  of  qualifying  periods ;  the  one  of  general 
application,  which  is  called  in  this  Note  the 
ordinary  qualifying  period,  the  other  applying  only 
to  a  certain  class  of  persons,  namely,  naval  and 
military  voters,  or  persons  who  have  been  and 
are  no  longer  soldiers  and  sailors  within  the  pro- 
viso to  sect.  6,  which  is  called  in  this  Note  the 
special  qualifying  period. 

( 1 )  The  ordinary  qualifying  period. — This  is  a 
period  of  six  months  ending  either  on  the  15th 
day  of  January  or  the  15th  day  of  July,*  including 
in  each  case  the  fifteenth  day,  i.e.,  there  are  in 
each  twelve  months  two  qualifying  periods,  the 
one  from  16th  July  to  15th  January  (both  dates 
inclusive),  the  other  from  16th  January  to  loth 
July  (both  dates  inclusive).  As  the  law  does  not 
take  notice  of  a  part  of  a  day(^),  it  would  be 
sufficient  in  order  to  come  within  the  words 
"  during  the  whole  of  the  qualifying  period" 

(r)  See  pp.  9 — 24,  supra. 

(s)  See  pp.  24 — 37,  supra. 

(*)  See  pp.  42—62,  supra. 

(te)  See  pp.  65 — 76,  supra. 

(x}  See  pp.  85—94,  supra. 

(y)  1  BI.  Com.  463 ;  Anon.  (1700),  Ld.  Eaym.  480,  1096. 


*  N.B. — In  connection  with  the  first  register  under  the  Act  the 
last  day  of  the  qualifying  period  is  loth  April,  1918  (Order  in 
Council  dated  4th  June,  1918,  rule  6,  p.  749,  and  Fifth  Schedule, 
p.  752). 


6  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  6.  if  the  residence  or  occupation  required  began  on 
any  part,  however  late,  of  the  first  day  of  the 
period,  and  ended  on  any  part,  however  early, 
of  the  last  day  of  the  period.* 

The  Spring  Register  is  made  for  the  period 
ending  on  January  15th,  and  the  Autumn  Register 
is  made  for  the  period  ending  on  July  15th  (y). 
The  ordinary  qualifying  period  of  six  months  is 
the  one  applicable  to  all  persons  claiming  the 
franchise  under  sects.  1,  3,  4  (1),  (3)  and  (5), 
subject  to  the  exception  mentioned  in  the  proviso 
to  sect.  6,  and  referred  to  below. 

(2)  A  special  qualifying  period. — The  effect  of 
the  proviso  in  sect.  6  is  to  create  a  special  quali- 
fying period  of  one  month,  ending  either  on 
the  fifteenth  day  of  January  or  the  ijfteenth  day 
of  July,*  including  in  each  case  the  fifteenth  day, 
i. e.,  there  are  in  each  twelve  months  two  such 
periods,  the  one  from  December  16th  to  January 
15th  (both  dates  inclusive),  the  other  from 
June  16th  to  July  loth  (both  dates  inclu- 
sive). What  Avas  said  under  ( 1 ),  above,  as  to  the 
sufficiency  of  part  of  a  day  applies  equally 
here.  This  special  qualifying  period  is.  for  a 
particular  class  of  persons,  treated  as  though 
it  were  the  ordinary  qualifying  period.  The 
persons  to  whom  the  special  qualifying  period 
is  applicable  are  (a)  a  naval  or  military  voter  (z), 

(z)  Sect.  11,  p.  125   infra,  and  see  footnote  (*)  below. 


*  N.B. — In  connection  with  the  first  register  under  the  Act  the 
last  day  of  the  qualifying  period  is  loth  April,  1918  (Order  in 
Council  dated  4th  June,  1918,  rule  6,  p.  749,  and  Fifth  Schedule, 
p.  752). 


SPECIAL  QUALIFYING  PERIOD.  97 

and  (b)  any  person  claiming  the  franchise  under  Sect.  6. 
sects.  1,  3,  4  (1)  and  (3),  who  at  any  time  during 
the  ordinary  qualifying  period(#)has  been  serving 
as  a  member  of  the  naval,  military,  or  air  forces 
of  the  Crown  (#),  arid  has  during  the  same  quali- 
fying period  ceased  so  to  serve.  E>9»>  a  soldier 
is  serving  in  the  army  on  17th  July  in  any 
year  and  is  invalided  out  of  the  army  on  the 
18th  July ;  then,  provided  he  fulfils  the  other 
conditions  (c)  necessary  to  acquire  the  franchise, 
he  need  only  reside  in  premises  or  occupy  land 
or  premises  from  December  16th  to  January  15th 
in  order  to  be  entitled  to  be  registered  for  the 
qualifying  period  ending  January  15th. 

The  special  qualifying  period  applies  to  local 
government  electors  as  well  as  to  parliamentary 
electors.  It  is  clear  that  although  sect.  5  deals 
only  with  the  parliamentary  franchise,  a  u  naval 
or  military  voter  "  as  defined  by  that  section  can 
be  a  local  government  elector. 

A  curious  point  arises  in  connection  with  the 
special  qualifying  period  with  respect  to  the  inter- 
pretation of  sect.  7  (2)  dealt  with  on  pp.  16 — 23, 
27,  28,  45,  46,  supra.  Though  doubtless  contrary 
to  the  intention  of  those  who  framed  the  Act,  it 
would  appear  that  a  person  to  whom  the  special 
qualifying  period  is  applicable  could  not  avail 
himself  or  herself  of  the  provisions  of  sect.  7  (2), 
as  the  words  therein,  "  for  part  of  the  qualifying 


v. 


(a)  See  p.  95,  supra. 

(b)  See  pp.  82,  83,  supra. 

(c)  See  pp.  3,  4,  supra. 


^8  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  7.      period  not  exceeding  four  months  in  the  whole," 

cannot  apply  to  the  qualifying  period  of  one  month. 

•     It  should  be  noticed  that  as  regards  Ireland 

the  provisions  of  sect.  44  (11)  (a),  set  out  at  p.  334, 

infra,  are  substituted  for  sect.  6. 

supplemental       7. — (i)  Where  premises  are  in  the  ioint 

provisions  &s  ^    '  ** 

to  residence     occupation  of  two  or  more  persons,  each  of 

and  occu-  A  .  i      11      /»  i  /» 

the  joint  occupiers  shall,  for  the  purposes  of 
this  Part  (d)  of  this  Act,  be  treated  as  occu- 
pying the  premises,  subject  as  follows  : 

(a)  In  the  case  of  the  occupation  of  busi- 

ness premises  the  aggregate  yearly 
value  of  the  premises  must  for  the 
purpose  of  the  parliamentary  fran- 
chise be  not  less  than  the  amount 
produced  by  multiplying  ten  pounds 
by  the  number  of  the  joint  occu- 
piers ;  and  * 

(b)  In  the  case  of  the  occupation  of  land 

or  premises  (not  being  a  dwelling- 
house)  the  aggregate  yearly  value 
thereof  must  for  the  purpose  of  the 
parliamentary  franchise  of  women 
be  not  less  than  the  amount  pro- 
duced by  multiplying  five  pounds 
by  the  number  of  joint  occupiers  ; 
and 

(c)  Not   more  than  two  joint  occupiers 

(d}  I.e.,  Part  I,,  ss.  1—10. 


SUPPLEMENTAL  PROVISIONS  AS  TO  RESIDENCE,  ETC.  9<J 

shall  be  entitled  to  be  registered  sect.  7. 
in  respect  of  the  same  land  or 
premises,  unless  they  are  bona  fide 
»  engaged  as  partners  carrying  on 
their  profession,  trade  or  business 
011  the  land  or  premises. 

(2)  Residence  in  a  house  or  the  occupa- 
tion of  a  house   shall  not  be  deemed  to  be 
interrupted  for  the  purposes  of  this  Act  by 
reason  only  of  permission  being  given  by 
letting  or  otherwise  for  the  occupation  of 
the   house  as  a  furnished   house   by   some 
other   person    for    part    of   the    qualifying 
period  not   exceeding  four  months  in  the 
whole,  or  by  reason  only  of  notice  to  quit 
being  served  and  possession  being  demanded 
by  the  landlord  of  the  house ;   but  the  ex- 
press enactment  of  this  provision  shall  not 
affect   in   any   way    the   general   principles 
governing  the  interpretation  of  the  expres- 
sion "  residence  "  and  cognate  expressions. 

(3)  Notwithstanding  anything  in  this  Act, 
a  man  shall  not  be  entitled  to  be  registered 
as  a  parliamentary  elector  for  a  constituency 
in  respect  of  a  residence  qualification  though 
he  may  have  been  residing  in  premises  in  the 
constituency  on  the  last  day  of  the  qualifying 
period,   if  he  commenced  to  reside  in  the 
constituency  within  thirty  days  before  the 
end  of  the  qualifying  period,  and  ceased  to 

T-ttj 


100  REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 

sect.  7.     reside  within  thirty  days  after  the  time  when 
he  so  commenced  to  reside. 

(4)  Notwithstanding  anything  in  this  Act, 
a  person  shall  not  be  entitled  to  be  r<?gistered 
as  a  local  government  elector  for  a  local 
government  electoral  area  though  that  per- 
son may  have  been  occupying  land  or  pre- 
mises in  the  area  on  the  last  day  of  the 
qualifying  period,  if  that  person  commenced 
to  occupy  the  land  or  premises  within  thirty 
days  before  the  end  of  the  qualifying  period, 
and  ceased  to  occupy  the  land  or  premises 
within  thirty  days  after  the  commencement 
of  the  occupation. 

NOTE.—  As  to  (1)  (a),  see  pp.  24—87,  supra. 
As  to  (1)  (b),  see  pp.  69—71,  supra.  As  to 
(l)(c),  see  pp.  24—37  and  pp.  43—60,  supra.  AH 
to  (2),  as  regards  residence  in  a  house,  see  pp. 
16  —  23,  supra,  and  as  regards  the  occupation  of  a 
house,  see  pp.  45,  46,  supra. 

As  to  the  provision  at  the  end  of  (2),  see 
p.  11,  supra.  As  to  (3),  see  pp.  10,  11,  supra. 
As  to  (4),  see  p.  43,  supra. 


8.—  (1)  Every  person  registered  as  a 
parliamentary  elector  for  any  constituency 
shall,  while  so  registered  (and  in  the  case  of 
a  woman  notwithstanding  sex  or  marriage), 
be  entitled  to  vote  at  an  election  of  a 
member  to  serve  in  Parliament  for  that 


RIGHT  OF  PERSON  REGISTERED  TO  VO.  \  101 


constituency1  ;  but  a  man  shall  iu>tY<)ts  at  £ 
general  election  for  more  than  one  consti- 
tuency for  which  he  is  registered  by  virtue 
of  a  residence  qualification  or  for  more  than 
one  constituency  for  which  he  is  registered 
by  virtue  of  other  qualifications  of  whatever 
kind,2  and  a  woman  shall  not  vote  at  a 
general  election  for  more  than  one  consti- 
tuency for  which  she  is  registered  by  virtue 
of  her  own  or  her  husband's  local  govern- 
ment qualification,  or  for  more  than  one 
constituency  for  which  she  is  registered  by 
virtue  of  any  other  qualification.3 

(2)  A  person  registered  as  a  local  govern- 
ment elector  for  any  local  government 
electoral  area  shall  while  so  registered  (and 
in  the  case  of  a  woman  notwithstanding  sex 
or  marriage)  be  entitled  to  vote  at  a  local 
government  election  for  that  area,4  but 
where,  for  the  purposes  of  election,  any  such 
area  is  divided  into  more  than  one  ward  or 
electoral  division,  by  whatever  name  called,  a 
person  shall  not  be  entitled  to  vote  for  more 
than  one  such  ward  or  electoral  division.5 

Notwithstanding  anything  in  this  provi- 
sion a  person  may  be  registered  for  more 
than  one  such  ward  or  division  of  a  local 
government  electoral  area  (not  being  a 

1  See  pp.  102—108,  infra.       3  Ibid. 
3  See  pp.  108—110,  infra.       4  See  p.  110,  infra. 
5  See  pp.  110—111,  infra. 


OF  THE  PEOPLE  ACT,  1918. 

-mimicip'ai'  borough),  and  may  vote  in  any 
such  ward  or  division  for  which  he  is  regis- 
tered at  an  election  to^fill  a  casual  vacancy.6 
(3)  A  naval  or  military  voter  who  is  regis- 
tered in  respect  of  a  qualification  which  he 
would  have  had  but  for  his  service  shall  be 
deemed  for  the  purpose  of  this  section  to  be 
registered  by  virtue  of  that  qualification.7 

NOTE. — Sect.  8  deals  with  the  rights  of  persons, 
both  male  and  female,  registered  as  parliamentary 
or  local  government  electors  to  vote. 

Sect.  8  (1)  begins  by  stating  the  general  prin- 
ciple that  every  person  registered  as  a  parlia- 
mentary elector  for  any  constituency  shall,  while 
so  registered  (and  in  the  case  of  a  woman  not- 
withstanding sex  or  marriage),  be  entitled  to 
vote  at  an  election  of  a  member  to  serve  in 
Parliament  for  that  constituency  (d),  and  then 
proceeds  to  limit  the  number  of  votes  which  a 
person  may  give. 

The  principle  that  registration  entitles  a  person 
to  vote  must  be  read  in  conjunction  with  and  sub- 
ject to  the  qualifications  contained  in  sect.  9  (3). 
Sect.  9  (3)  is  as  follows : — "  A  person  shall  not  be 
entitled  to  be  registered  or  to  vote  as  a  parliamen- 
tary or  local  government  elector  if  he  is  not  a 
British  subject  (c),  and  nothing  contained  in  this 

fi  See  pp.  Ill,  112,  infra.  "  Seep.  112,  infra. 


(d)  As  to  the  meaning  of  "  constituency,"  see  p.  3,  footnote  (a), 
tupra. 

(«)  See  pp.  121,  122,  infra. 


RIGHT  OF  PERSON  REGISTERED  TO  VOTE.  103 

Act  shall,  except  as  expressly  provided  therein,     Sect  8. 
confer  on  any  person  who  is  subject  to  any  legal 
incapacity  to  be  registered  or  to  vote  either  as 
a  parliamentary  or  local  government  elector  any 
right  to  be  so  registered  or  to  vote." 

The  sub-section  just  quoted  has,  as  regards 
parliamentary  electors,  the  same  effect,  except  as 
to  penalties,  as  the  proviso  in  sect.  7  of  the  Ballot 
Act,  1872,  which  stands  unrepealed  by  the  present 
Act.  That  proviso  is  as  follows: — "  Nothing  in 
this  section  (sect.  7  of  the  Ballot  Act,  1872)  shall 
entitle  any  person  to  vote  who  is  prohibited  from 
voting  by  any  statute,  or  by  the  common  law  of 
Parliament,  or  relieve  such  person  from  any  penal- 
ties to  which  he  may  be  liable  for  voting."  The 
words  "  subject  to  any  legal  incapacity"  in 
sect.  9  (3)  of  the  present  Act  have  the  same  effect 
as  the  words  "  prohibited  ...  by  any  statute  or 
by  the  common  law  of  Parliament "  in  sect.  7  of 
the  Ballot  Act,  1872. 

The  position  as  regards  voting  of  a  person  who 
is  registered  as  a  parliamentary  elector  is,  there- 
fore, as  follows,  bearing  in  miud,  however,  the 
limitation  of  the  number  of  votes  which  one 
person  is  entitled  to  give,  which  is  dealt  with 
on  pp  108 — 110,  infra. 

The  register  at  an  election  is  conclusive  evi- 
dence ( /)  of  the  right  of  any  person  to  vote  whose 
name  appears  therein,  and  no  one  is  entitled  to 
vote  unless  his  name  is  on  the  register  of  electors 
for  the  time  being  in  force.  The  register  is  also 
conclusive  evidence  (/)  before  any  tribunal  in- 

(/)  See  pp.  104,  105,  106,  107,  infra. 


104  KEPKESEiNTATlON  OF  THE  PEOPLE  ACT,   1918. 

Sect.  8.  quiring  into  any  election  except  in  the  cases  of 
voters  to  whom  some  personal  disqualification 
attaches,  /.£.,  voters  who  are  legally  incapaci- 
tated^). The  remarks  of  the  learned  judges  in 
the  cases  hereinafter  cited,  which  were  decided 
under  the  Ballot  Act,  1872,  apply  equally  under 
the  present  Act. 

In  Stowe  v.  Jolliffe(h),  Lord  Coleridge,  C.J., 
said : — 

"I  think  the  true  construction  of  these  sec- 
tions (Y)  .  .  .  is  to  make  the  register  conclusive 
not  only  on  the  returning  officer,  but  also  on  any 
tribunal  which  has  to  inquire  into  elections,  except 
in  the  case  of  persons  ascertained  by  the  proviso 
(at  the  end  of  sect.  7).  These  are  '  persons  pro- 
hibited from  voting  by  any  statute  or  by  the 
common  law  of  Parliament.' 

u  I  do  not  think  that  these  words  are  pointed 
at  any  of  the  cases  which  my  brother  Mellor  has 
referred  to  us.  .  .  .  Non-residence  within  the  proper 
distance  of  the  borough ;  non -occupation;  insuffi- 
cient qualification — none  of  these  things  appear 
to  satisfy  the  words  of  this  proviso.  It  does  not 
mean  persons  who  from  failure  in  the  incidents 
or  elements  of  the  franchise  could  be  successfully 
objected  to  on  the  revision  of  the  register ;  it 
means  persons  who  from  some  inherent  or  for  the 

(</)  See  pp.  4—8,  supra. 

(A)  (1874),  L.  E.  9  0.  P.  750. 

(t)  Sect.  7  of  the  Ballot  Act,  1872,  and  sect.  79  of  the  Parlia- 
mentary Voters  Registiation  Act,  1843.  The  enacting  part  of 
sect.  79  (which  was  the  only  part  of  that  section  still  in  force  at 
the  time  of  the  above  decision)  was  to  the  same  effect  as  sect.  7  of 
the  Ballot  Act. 


RIGHT  OF  PERSON  RKGISTERKU  TO  VOTK. 

time  irremovable  quality  in  themselves  have  riot,  Sect.  8. 
either  by  prohibition  of  statutes  or  at  common 
law,  the  status  of  parliamentary  electors (k).  Such, 
for  example,  are  peers,  \vhether  of  the  United 
Kingdom,  orof  Scotland,  or  of  Ireland,  .  .  .  persons 
holding  certain  offices  or  employments  the  subjects 
of  statutory  prohibitions,  and  persons  convicted  of 
crimes  which  disqualify  them  from  voting.  I  do 
not  say  that  this  list  is  exhaustive.  It  is  enough 
to  give  examples  of  the  cases  in  which  I  think  the 
register  would  be  still  open." 

The  register,  therefore,  will  not  be  conclusive 
at  the  trial  of  an  election  petition  in  the  case  of 
the  persons  mentioned  on  pp.  5 — 7,  supra,  as 
being  legally  incapacitated,  whether  the  disquali- 
fication occurs  before  or  after  registration.  But 
in  all  these  cases  the  returning  officer  cannot 
refuse  to  deliver  a  ballot  paper  if  the  person's 
name  is  on  the  register,  though  if  he  votes  his 
name  may  be  struck  off  on  a  scrutiny  (I). 

In  all  cases,  however,  where  the  disqualification 
is  not  of  a  personal  nature  the  register  will  be 
conclusive  even  at  the  trial. 

Thus  non-residence  (ni),  non-occupation  or  in- 
sufficient qualification  (w),  or  other  non-personal 
disqualification  will  not  disqualify  if  the  name  is 
in  fact  on  the  register. 


(ft)  See  pp.  4 — 8,  supra. 

(I)  See  pp.  106,  107,  Infnt. 

(m)  Stoive  v.  Jollifft  (1874),  L.  R.  9  (..'.  P.  750. 

(n)  Ibid. 


REPRESENTATION7  OF  THE  PEOPLE  ACT,  1918. 

8  "  It  seems  to  me,"  said  Channel!,  J.,  in  Pem- 

broke (q),  "  that  the  policy  of  the  Legislature  has 
from  the  time  of  the  Reform  Act  of  1832  until 
the  Ballot  Act  been  to  make  it  necessary  to  raise 
all  questions  as  to  rights  to  vote  in  the  Registration 
Court  (r),  and  to  do  this  by  preventing  their  being 
raised  at  any  other  time  or  in  any  other  manner. 
.  .  .  The  7th  section  of  the  Ballot  Act,  ...  as 
interpreted  and  explained  in  Stowe  v.  Jollife, 
reads  thus :  *  At  an  election  a  person  shall  not  be 
entitled  to  vote  unless  his  name  is  on  the  register, 
even  although  he  ought  to  be  on,  and  every  person 
whose  name  is  on  the  register  shall  be  entitled  to 
vote,  even  if  it  ought  not  to  be  on.' ' 

The  presiding  officer  is  in  no  way  concerned 
with  persons  who  are  disqualified  from  voting 
either  by  the  common  law  of  Parliament  or  by 
statute.  If  these  persons  are  on  the  register  their 
votes  must,  if  tendered,  be  accepted,  though  they 
will  be  struck  off  on  petition.  u  Now,  the  obvious 
intention  of  the  proviso  at  the  end  of  sect.  7," 
said  Lush,  J.,  in  Worcester  (9),  "is  not  in  order 
that  any  objection  of  the  kind  mentioned  in  that 
proviso  may  be  taken  in  the  polling  booth,  but 
the  legislature  put  in  this  proviso  lest  the  enacting 
part  should  be  held  to  restore  or  make  absolute 
the  qualification  of  a  man  who  really  has  no 
qualification.  .  .  .  The  battle  of  qualification  shall 

(</)  Per  Channell,  J.,  in  Pembroke  (1901),  5  O.  &  H.  at  p.  144. 

(r)  Under  the  present  Act  the  registration  court  is  abolished,  but 
the  registration  officer  takes  its  place.  See  First  Schedule,  rules 
20—26,  pp.  347—349,  and  rule  39,  p.  353,  infra. 

(«)  (1880),  3  0.  &  H.  at  p.  186. 


RIGHT  OF  PERSON  REGISTERED  TO  VOTE. 


lor 


be  fought  either  beforehand  in  the  Registration     Sect.  6. 
Court,  or  after  the  election  upon  a  scrutiny." 

u  When  you  say  that  the  register  is  conclusive, 
as  has  often  been  said,  what  you  mean  is  this— 
that  it  is  conclusive  that  the  people  who  are  on  it 
have  the  qualification  which  entitles  them  to  be 
there.  It  may  be  that  they  are  not  to  be  entitled 
to  vote  by  reason  of  the  7th  section  of  the  Ballot 
Act  (t).  .  .  .  Until  recent  years  there  was  no 
register,  and  the  register  was  instituted,  I  think, 
for  this  purpose.  There  were  ways  of  disputing 
who  had  a  right  to  vote — cumbersome  and  ex- 
pensive ways — and  the  register  was  instituted  as 
a  simple  method  of  finding  out,  by  means  of  the 
Revising  Barrister  (w),  who  should  be  put  on  the 
register.  People  could  claim  to  be  put  on,  and 
people  could  object  to  others  being  put  on,  and 
the  claims  and  objections  could  be  investigated 
by  the  Revising  Barrister.  But  in  my  judgment 
the  intention  of  the  Legislature  .  .  .  was  this :  to 
compile  a  list,  which,  except  in  special  circum- 
stances which  are  provided  for,  should  be  conclu- 
sive as  showing  those  people  had  passed  a  test  as 
to  whether  they  were  to  vote  or  not,  and  had  been 
declared  to  have  satisfied  that  test"  (#). 

From  what  has  been  said  above,  it  is  clear  the 
general  principle  laid  down  in  sect.  8  of  this  Act 

(*)  See  p.  103.  supra. 

(M)  Under  the  present  Act  tho  office  of  revising  banister  is 
abolished,  but  his  place  is  taken  by  the  registration  officer.  See 
footnote  (r)  on  preceding  page. 

(ac)  Per  Darling,  J.,  in  Pembroke  (1901),  5  O.  &  H.  at  pp.  137,  l:W. 


108  REPRESENTATION  OF  THE  PEOPLE  ACT,    19 18. 

Sect.  8.  is  that  a  person  who  is  registered  has  a  right  to 
vote,  although  in  certain  cases  his  vote  may  be 
invalid.  But  the  second  part  of  sect.  8(1)  intro- 
duces a  limitation  on  the  number  of  votes  which 
a  man  or  woman,  although  registered  as  a  parlia- 
mentary elector  in  several  constituencies,  may 
give.  This  limitation  is  as  follows : — 

A  man  shall  not  vote  at  a  general  election  for 
more  than  one  constituency  for  which  he  is 
registered  by  virtue  of  a  residence  qualification 
or  for  more  than  one  constituency  for  which  he 
is  registered  by  virtue  of  other  qualifications  of 
whatever  kind,  and  a  woman  shall  not  vote  at  a 
general  election  for  more  than  one  constituency 
for  which  she  is  registered  by  virtue  of  her  own 
or  her  husband's  local  government  qualification, 
or  for  more  than  one  constituency  for  which  she 
is  registered  by  virtue  of  any  other  qualification. 

There  is  nothing  in  this  Act  to  prevent  a  man 
or  woman  being  registered  as  a  parliamentary 
elector  in  several  different  constituencies  in  re- 
spect of  land  or  premises  in  those  constituencies 
provided  he  or  she  is  qualified  for  registration  in 
respect  of  such  land  or  premises.  By  the  latter 
part  of  sect.  8(1)  just  quoted,  however,  a  man 
cannot,  at  a  general  election,  have  more  than 
two  votes  notwithstanding  that  he  is  registered 
in  more  than  two  constituencies.  He  will  have 
two  votes  if  he  is  registered  in  one  constituency 
by  virtue  of  a  residence  qualification  (j/),  and  in 
another  constituency  by  virtue  either  of  a  busi- 

(//)  Seo  pp.  9  —  24,  s«i>r«. 


NUMBER  OF  VOTKS  ALLOWED.  109 

ness  premises  qualification  (z)  or  of  a  university      Sect,  a 
qualification  (a),  or  as  a  freeman  (b). 

It  should  be  noticed,  however,  that  if  he  is 
registered  in  more  than  one  constituency  by 
virtue  of  qualifications  other  than  a  residence 
qualification  he  will  only  have  one  vote ;  e.g.  a 
man  may  be  registered  in  constituency  X  by 
virtue  of  a  business  premises  qualification,  and 
in  the  university  constituencies  Y  and  Z  by 
virtue  of  a  university  qualification,  yet  he  can 
only  make  use  of  one  of  these  qualifications  for 
the  purpose  of  voting,  as  he  would  not  come 
within  the  provisions  of  sect.  7  (2)  relating  to 
the  double  vote.  As  to  the  method  by  which  it 
is  secured  that  the  provisions  as  to  the  limitation 
of  votes  shall  be  observed,  see  pp.  164 — 172,  infra. 

Similarly,  a  woman  cannot,  at  a  general  election, 
have  more  than  two  votes,  notwithstanding  that 
she  is  registered  in  more  than  two  constituencies. 
She  will  have  two  votes  if  she  is  registered  in  one 
constituency  (other  than  a  university  constituency) 
by  virtue  of  her  own  or  her  husband's  qualifica- 
tion (c),  and  in  another,  a  university  constituency, 
by  virtue  of  a  university  qualification  (d). 

A  woman  who  is  registered  in  more  than  one 
constituency  (other  than  a  university  constituency) 
by  virtue  only  of  her  own  or  her  husband's  quali- 
fication, will  only  have  one  vote,  and  the  same 


(z)  See  pp.  24—37,  supra. 

(a)  See  pp.  37—39,  supra. 

(b)  See  pp.  147,  148,  infra. 

(c)  See  pp.  67—72,  supra. 

(d)  See  pp.  72,  73,  supra. 


1 10  REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 

Sect.  8.  applies  to  a  woman  registered  in  more  than  one 
university  constituency  by  virtue  of  a  university 
qualification.  As  to  the  way  in  which  the  limita- 
tion on  the  number  of  votes  is  safeguarded  from 
infringement,  see  pp.  164 — 172,  infra. 

It  should  be  noticed  that  both  in  the  case 
of  men  and  women,  this  limitation  imposed  by 
sect.  8  (1)  on  the  number  of  votes  they  may  give 
applies,  only  to  a  general  election.  There  is 
nothing  to  prevent  a  person  registered  in  a  con- 
stituency by  virtue  of  any  qualification  from 
making  use  of  his  or  her  vote  at  a  bye-election  in 
the  constituency,  and  also  at  a  bye-election  in  any 
other  constituency  or  constituencies  in  which  he 
or  she  is  registered  by  virtue  of  any  qualification. 

Sect.  8  (2)  like  sect.  8  (1)  begins  by  stating  the 
general  principle  that  a  person  registered  as  a 
local  government  elector  for  any  local  govern- 
ment electoral  area  shall  while  so  registered 
(and  in  the  case  of  a  woman  notwithstanding 
sex  or  marriage)  be  entitled  to  vote  at  a  local 
government  election  for  that  area.  This  prin- 
ciple is  subject  to  the  same  qualifications  as  were 
noticed  on  pp.  102 — 108,  supra,  in  the  case  of 
parliamentary  electors,  and  what  was  there  said 
applies  equally  here. 

But  similarly  to  sect.  8(1),  sect.  8(2)  intro- 
duces a  limitation  on  the  number  of  votes  which 
a  man  or  woman  may  give,  by  providing  that 
where,  for  the  purposes  of  election,  any  such 
area  is  divided  into  more  than  one  ward  or 
electoral  division,  by  whatever  name  called,  a 
person  shall  not  he  entitled  to  vote  for  more  than 
one  such  ward  or  electoral  division. 


NUMBER  OF  VOTES  ALLOWED.  Ill 

The  word  election  here  means  (/)  an  election  Sect.  e. 
(other  than  an  election  to  fill  a  casual  vacancy) 
for  any  county  council,  municipal  borough  council, 
metropolitan  borough  council,  district  council, 
board  of  guardians,  parish  council,  or  any  other 
body  elected  by  persons  on  the  local  government 
register  or  on  the  register  of  parochial  electors. 
At  any  such  election,  therefore,  a  local  govern- 
ment elector,  whether  man  or  woman,  may  give 
one  vote  only  for  one  ward  or  electoral  division, 
and  no  more, 

Sect.  8  (2)  further  provides  that : — 

Notwithstanding  anything  in  this  provision 
a  person  may  be  registered  for  more  than  one 
such  ward  or  division  of  a  local  government 
electoral  area  (not  being  a  municipal  borough), 
and  may  vote  in  any  such  ward  or  division  for 
which  he  is  registered  at  an  election  to  fill  a 
casual  vacancy. 

The  words  "  election  to  fill  a  casual  vacancy" 
mean  in  relation  to  local  government  elections 
what  "  bye-election  "  means  in  relation  to  parlia- 
mentary election. 

If  a  person  is  registered  in  respect  of  more 
than  one  ward  or  division  of  a  local  government 
electoral  area  (not  being  a  municipal  borough), 
such  person  may  at  an  election  other  than  an 
election  to  fill  a  casual  vacancy  select  the  ward 
or  division  for  which  he  wishes  to  vote. 

As  will  have  been  noticed,  a  person  cannot  be 
registered  in  more  than  one  ward  of  a  municipal 
borough  (g). 

(/)  See  sect.  41  (2),  pp.  305,  306,  infra. 

(g)  See  that  part  of  sect.  8  (2)  which  is  set  out  on  preceding  page. 


112  KEPRESENTATTON  OF  THE  PEOPLE  ACT,   1918. 

Sect.  8.  As  regards  Ireland,  sect.  8  (2)  must  be  read 
subject  to  the  provisions  of  sect.  44  (14)  (h). 

(3)  A  naval  or  military  voter  who  is  registered 
in  respect  of  a  qualification  which  he  would  have 
had  but  for  his  service  shall  be  deemed  for  the 
purpose  of  this  section  to  be  registered  by  virtue 
of  that  qualification. 

As  to  u  naval  or  military  voter"  and  the  quali- 
fication here  referred  to,  see  pp.  76 — 94,  supra. 

Pro  vision  a*        9. — (1)  A  person  shall  not  be  disqualified 

to  di*qualifi-  V  .  .  ,  f  ,  ? 

from  being  registered,  or  from  voting  as  a 
parliamentary  or  local  government  elector 
by  reason  that  he  or  some  person  for  whose 
maintenance  he  is  responsible  has  received 
poor  relief  or  other  alms.1 

(2)  Any  person,  being  a  conscientious 
objector  to  whom  this  subsection  applies,2 
shall  be  disqualified  during  the  continuance 
of  the  war  and  a  period  of  five  years  there- 
after3 from  being  registered  or  voting  as  a 
parliamentary  or  local  government  elector, 
unless,  before  the  expiration  of  one  year 
after  the  termination  of  the  war,  he  proves 
to  the  central  tribunal  as  established  for  the 
purposes  of  the  Military  Service  Act,  19164: 

(a)  that  he  has  during  the  continuance 
of  the  war  taken  up  and,  so  far  as 

1  See  pp.  116,  117,  infra.        3  See  pp.  117,  118,  infra. 
*  See  p.  117,  infra.  4  See  pp.  118,  119,  infra. 


(h)  See  p.  335,  infra. 


DISQUALIFICATIONS.  1 1 3 

reasonably  practicable,  continued  sect.  9. 
service  which  constitutes  a  person 
(other  than  a  person  serving  on  full 
pay  as  a  member  of  any  of  the 
naval,  military,  or  air  forces  of  the 
Crown)  a  naval  or  military  voter 
for  the  purposes  of  this  Act5 ;  or 

(b)  that    having    been     exempted    from 

military  service  on  condition  of 
doing  work  of  national  importance 
he  has  done  such  work  in  accord- 
ance with  the  decision  and  to  the 
satisfaction  of  the  appropriate  tri- 
bunal or  authority6 ;  or 

(c)  that     having    obtained    an    absolute 

exemption    from    military    service 

without   any    such    condition,    he 

has   nevertheless   (whether   before 

or  after  the  passing  of  this  Act) 

been    engaged    in   and,   so   far   as 

reasonably    practicable,    continued 

some  work  of  national  importance  ; 

and  obtains  a  certificate  from   the  central 

tribunal  to  that  effect.7 

This  subsection  shall  apply  to  a  conscien- 
tious objector  who  either— 

(i)  has  been  exempted  from  all  military 
service   (including    non-combatant 


6  See  pp.  119,  120,  infra.       6  See  p,  120,  infra. 
7  See  pp.  120,  121,  infra. 


114  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

sect.  9.  service)  on  the  ground  of  conscien- 

tious objection8 ;  or 

(ii)  haying  been  convicted  by  court 
martial  of  an  offence  against  mili- 
tary law,  and  having  represented 
that  the  offence  was  the  result  of 
conscientious  objection  to  military 
service,  has  been  awarded  imprison- 
ment or  detention.9 

The  central  tribunal  established  under 
the  Military  Service  Act,  1916,  shall  be 
continued  for  the  purpose  of  this  subsection 
for  a  period  of  a  year  after  the  termination 
of  the  present  war.10 

If  a  person  disqualified  under  this  sub- 
section would  have  been  entitled  to  be 
registered  as  a  parliamentary  or  local 
government  elector  but  for  that  disquali- 
fication, the  disqualification  shall  not  extend 
so  as  to  affect  the  right  of  the  wife  of  that 
person  to  be  registered  or  vote  as  a  par- 
liamentary or  local  government  elector,  as 
the  case  may  be.11 

(3)  A  person  shall  not  be  entitled  to  be 
registered  or  to  vote  as  a  parliamentary 
or  local  government  elector  if  he  is  not  a 
British  subject,  and  nothing  contained  in 

8  See  p.  117,  infra.  10  See  p.  121,  infra. 

9  See  p.  117,  infra.  »  See  p.  121,  infra. 


DISQUALIFICATIONS. 

this  Act  shall,  except  as  expressly  provided  Sect- 9- 
therein,  confer  on  any  person  who  is  subject 
to  any  legal  incapacity  to  be  registered  or 
to  vote  either  as  a  parliamentary  or  local 
government  elector  any  right  to  be  so  regis- 
tered or  to  vote.12 

(4)  A  person  shall  not  be  disqualified  from 
voting  at  any  election  as  a  parliamentary  or 
local  government  elector  by  reason  that  he 
is  employed  for  payment  by  or  on  behalf  of 
a  candidate  at  such  election,  so  long  as  the 
employment  is  legal.13 

(5)  Any  incapacity  of  a  peer  to  vote  at 
an  election  arising  from  the  status  of  a  peer 
shall  not  extend  to  peeresses  in  their  own 
right.14 

NOTE. — This  section  re-enacts  certain  existing 
disqualifications,  imposes  a  new  disqualification, 
and  also  removes  certain  previously  existing  dis- 
qualifications from  being  registered,  and  from 
voting,  as  a  parliamentary  or  local  government 
elector. 

The  section  falls  under  five  heads.  Sub-sect.  (1) 
removes  the  existing  disqualification  arising  from 
the  receipt  of  poor  relief  or  other  alms  in  the 
case  of  parliamentary  and  local  government 

12  See  pp.  121,  122,  infra.      13  Seep.  122,  infra. 
14  See  pp.  122,  123,  infra. 

8(2) 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  9.  electors(^).  Sub-sect  (2)  disqualifies  conscientious 
objectors  for  a  certain  period  and  subject  to 
certain  conditions  (i).  Sub-sect.  (3)  re-affirms  the 
disqualification  arising  from  legal  incapacity  (&). 
Sub-sect.  (4)  removes  the  existing  disqualification 
from  voting  of  election  agents,  or  other  persons 
legally  employed  for  payment  by  or  on  behalf  of 
candidates  (/).  Sub-sect.  (5)  declares  that  peer- 
esses in  their  own  right  are  not  disqualified  from 
voting  (m). 

As  to  sub-sect.  (1). — A  person  shall  not  be  dis- 
qualified from  being  registered  or  from  voting  as 
a  parliamentary  or  local  government  elector  by 
reason  that  he  or  some  person  for  whose  main- 
tenance he  is  responsible  has  received  poor  relief 
or  other  alms, 

As  was  pointed  out  above  this  sub-section  re- 
moves the  disqualification  from  being  registered 
or  from  voting  as  a  parliamentary  or  local  govern- 
ment elector  by  reason  of  the  receipt  of  poor  relief 
or  other  alms,  either  by  the  elector  or  some  other 
person  for  whose  maintenance  he  is  responsible. 
The  only  disqualification  of  this  kind  which 
exists  under  the  present  Act  is  that  which  arises 
in  reference  to  the  residence  qualification  by 
reason  of  sect.  41  (5),  which  provides  that  u  a 
person  who  is  an  inmate  or  patient  in  any  prison, 
lunatic  asylum,  workhouse,  poorhouse,  or  any 
other  similar  institution  shall  not  by  reason 

(h]  See  pp.  116,  117,  infra, 
(i)  See  pp.  119—121,  infra. 
(&)  See  pp.  121,  122;  infra. 
(I)  See  p.  122,  infra. 
(m)  See  pp.  122,  123,  infra. 


CONSCIENTIOUS  OBJECTORS. 

thereof  be  treated   as   resident   therein  for  any     Sect.  9. 
purpose  of  this  Act "  (w). 

As  to  sub-section  (2). — Any  person,  being  a 
conscientious  objector  to  whom  this  subsection 
applies. — In  order  to  ascertain  the  meaning  of 
these  words  it  is  necessary  to  consider  the  words 
in  sub-section  (2)  beginning,  This  subsection  shall 
apply  to  a  conscientious  objector  who  either — 
(i)  has  been  exempted  from  all  military  service 
(including  non-combatant  service)  on  the  ground 
of  conscientious  objection; 

The  expression  "a  conscientious  objector" 
cannot  include  a  woman,  as  the  Military  Service 
Act,  1916,  only  applies  to  men.  The  exemption 
referred  to  in  the  sub-section  is  granted  under  that 
Act  by  the  tribunals  constituted  thereunder. 

or  (ii)  having  been  convicted  by  court-martial 
of  an  offence  against  military  law  and  having 
represented  that  the  offence  was  the  result  of 
conscientious  objection  to  military  service,  has 
been  awarded  imprisonment  or  detention. 

These  words  would  include  any  man  who, 
whether  he  has  claimed  exemption  or  not  on 
the  ground  of  conscientious  objection,  has  been 
engaged  in  military  service,  and  on  being  con- 
victed by  court-martial  of  an  offence  against 
military  law,  has  represented  that  the  offence  was 
the  result  of  conscientious  objection,  and  has  been 
awarded  imprisonment  or  detention. 

Sub-section  (2)  enacts  that  a  conscientious 
objector  coming  within  the  above  description 

(n)  See  p.  15,  supra. 


11 H  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

sect.  9.      shall   be   disqualified   during  the   continuance 
"  of  the  war  and  a  period  of  five  years  thereafter 
from  being   registered    or  voting  as  a  parlia- 
mentary or  local  government  elector. 

It  is  submitted  that  the  effect  of  these  words  is 
to  impose  a  legal  incapacity  to  be  registered  or 
to  vote  as  a  parliamentary  or  local  government 
elector  on  all  persons  coming  within  sect.  9  (2). 
As  was  pointed  out  above  (0),  the  expression 
"  legal  incapacity "  means  "  some  inherent  or 
for  the  time  irremovable  quality  in"  a  person 
"  which  either  by  prohibition  of  statutes  or  at 
common  law  "  deprives  such  person  of  the  status 
of  a  parliamentary  elector  (p).  It  would  seem 
clear  that  the  disqualification  imposed  by  sect, 
9  (2)  is  of  this  nature.  Moreover,  if  this  sub- 
section is  not  intended  to  impose  a  legal  inca- 
pacity, the  words  "from  voting"  would  be  of 
no  effect,  since  it  is  only  where  an  elector  is 
legally  incapacitated  that  his  vote  can  be  struck 
off  on  a  scrutiny,  notwithstanding  the  fact  that 
he  is  registered  (q). 

unless,  before  the  expiration  of  one  year  after 
the  termination  of  the  war,  he  proves  to  the 
central  tribunal  as  established  for  the  purposes 
of  the  Military  Service  Act,  1916— 

By  international  law  war  is  terminated  by  the 
conclusion  of  a  treaty  of  peace  or  by  simple 
cessation  of  hostilities  (r).  In  the  absence  of 
some  special  provision  either  in  an  Act  of  Parlia- 

(o)  See  pp.  5,  104,  105,  supra. 

(p)  Stowe  v.  Jolliffe  (1874),  L.  E.  9  C.  P.  750. 

(?)  See  pp.  8,  103—108,  supra. 

(r}  See  "  International  Law,"  by  W.  E.  Hall,  6th  ed.,  p.  553. 


CONSCIENTIOUS  OBJECIORS. 

ment  or  in  the  treaty  of  peace,  it  is  submitted     Sect.  9. 
that  the  termination  of  the  war  would  not  be  held 
to  date  from  the  commencement  of  an  armistice. 

the  central  tribunal  established  under  the 
Military  Service  Act,  1916— 

The  central  tribunal  is  the  highest  of  the  three 
tribunals  established  under  the  Military  Service 
Act,  1916,  and  by  sect.  2  (7)  of  that  Act  is 
constituted  in  accordance  with  the  provisions  of 
the  Second  Schedule  to  that  Act.  The  present 
Act  contains  no  provision  as  to  the  procedure  to 
be  adopted  on  an  application  to  the  central  tri- 
bunal by  any  person  who  wishes  to  avail  himself 
of  the  provisions  of  sect.  9  (2)  (a),  (b)  and  (c). 
By  clause  5  of  the  Schedule  to  the  Military  Ser- 
vice Act,  1916,  "  His  Majesty  may  by  Order  in 
Council  make  regulations  with  respect  to  the 
constitution,  functions  and  procedure  of  the  .  .  . 
central  tribunal,  and  so  far  as  provision  is  not 
made  for  procedure  by  those  regulations,  the 
procedure  of  the  tribunal  shall  be  such  as  may 
be  determined  by  the  tribunal."  The  application 
can  be  made  at  any  time  after  the  passing  of  the 
present  Act  and  "  before  the  expiration  of  one 
year  after  the  termination  of  the  war." 

(a)  that  he  has  during  the  continuance  of  the 
war  taken  up  and  so  far  as  reasonably  practi- 
cable continued  service  which  constitutes  a 
person  (other  than  a  person  serving  on  full  pay 
as  a  member  of  any  of  the  naval,  or  military 
or  air  forces  of  the  Crown)  a  naval  or  military 
voter  for  the  purposes  of  this  Act ; 

It  should  be  noticed  that  although  the  applica- 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

tion  to  a  central  tribunal,  referred  to  above,  may 
be  made  at  any  time  up  to  the  expiration  of  one 
year  after  the  end  of  the  war,  the  service  men- 
tioned in  sect.  9  (2)  (a)  must  have  been  taken  up 
during  the  continuance  of  the  war. 

See  as  to  the  "  service  which  constitutes  a 
person  ...  a  naval  or  military  voter,"  pp.  79 — 85, 
supra. 

(b)  that  having  been  exempted  from  military 
service  on  condition  of  doing  work  of  national 
importance  he  has  done  such  work  in  accordance 
with  the  decision  and  to  the  satisfaction  of  the 
appropriate  tribunal  or  authority, 

This  condition  applies  to  those  conscientious 
objectors  who  have  not  obtained  a  certificate  of 
absolute  exemption  but  have  obtained  under  sect. 
2(3)  of  the  Military  Service  Act,  1916,  a  cer- 
tificate "'conditional  on  the  applicant  being  en- 
gaged in  some  work  which  in  the  opinion  of  the 
tribunal  dealing  with  the  case  is  of  national 
importance." 

"  The  appropriate  tribunal  "  here  referred  to 
is  of  course  the  particular  tribunal  which  granted 
the  conditional  certificate,  and  the  "'authority" 
means  the  authority  in  whose  employment  the 
work  was  done.  The  u  satisfaction  "  required 
under  sect.  9  (2)  (a)  of  the  present  Act  is  either 
that  of  the  "  tribunal  "  or  of  the  "  authority." 

Sub-section  (2)  (c)  of  sect.  9,  which  deals  with 
conscientious  objectors  who  have  been  absolutely 
exempted,  needs  no  comment. 

and  obtains  a  certificate  from  the  central 
tribunal  to  that  effect. 


DISQUALIFICATIONS.  121 

The  applicant  must  not  only  prove  to  the  Sect.  o. 
central  tribunal  the  necessary  facts  in  (a),  (b) 
or  (e),  but  must  also  obtain  a  certificate  from  the 
tribunal  to  that  effect.  This  will,  of  course, 
afford  the  necessary  and  conclusive  proof  to  the 
registration  officer  that  the  applicant  is  not  dis- 
qualified as  a  conscientious  objector. 

If  a  person  disqualified  under  this  subsection 
would  have  been  entitled  to  be  registered  as  a 
parliamentary  or  local  government  elector  but 
for  that  disqualification,  the  disqualification  shall 
not  extend  so  as  to  affect  the  right  of  the  wife  of 
that  person  to  be  registered  or  vote  as  a  parlia- 
liamentary  or  local  government  elector  as  the 
case  may  be. 

The  effect  of  this  provision  is  that  when 
a  woman  would  be  entitled  under  sect.  4  (1) 
to  be  registered  as  a  parliamentary  elector,  or 
under  sect.  4  (3*)  (b)  as  a  local  government 
elector,  by  reason  of  the  fact  that  her  husband 
would,  but  that  he  is  disqualified  under  sect.  9  (2), 
have  the  necessary  qualification  to  be  registered 
as  a  local  government  elector  under  sects.  4  (1)  (c) 
or  4  (3)  (b)  respectively,  she  shall  not  lose  her 
right  to  be  registered  or  to  vote  in  consequence 
of  her  husband  being  so  disqualified. 

As  to  sub-sect.  (3)  of  sect.  9. — The  words  if  he  is 
not  a  British  subject  would  appear  to  be  sur- 
plusage, as  aliens  are  subject  to  a  legal  incapacity 
to  be  registered  or  to  vote  as  parliamentary  or 
local  government  electors  (w).  It  could  not  be 

(it)  See  pp.  4,  5,  supra. 


122  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  9.  argued  that  these  words  impose  an  incapacity  of 
'  a  different  kind  to  the  one  already  attaching  to 
aliens,  and  that  the  effect  of  the  words  a  person 
shall  not  be  entitled  ...  to  vote  as  a  parlia- 
mentary or  local  government  elector  is  to  make 
it  the  duty  of  the  returning  officer  to  ascertain  in 
the  polling-booth  whether  the  person  seeking  to 
vote  is  or  is  not  a  British  subject,  and  in  the  latter 
case  to  refuse  to  allow  him  to  vote.  If  this  were 
the  meaning  of  the  words  there  would  be  a  further 
question  which  the  returning  officer  would  be  re- 
quired to  put  to  the  voter  in  addition  to  those 
already  authorised  (v)  to  be  asked.  The  effect 
of  this  incapacity,  like  that  of  the  other  legal 
incapacities  (#),  is  that  the  vote  of  the  person  who 
is  subject  to  it  can  be  struck  off  on  a  scrutiny. 

As  to  the  remaining  words  of  sub-section  (3), 
see  pp.  102 — 108,  supra. 

As  to  sub-section  (4). — This  removes  the  pre- 
viously existing  disqualification  from  voting  as  a 
parliamentary  elector  attaching  to  an  election- 
agent,  sub-agent,  polling- agent,  clerk  or  mes- 
senger employed  for  payment  by  a  candidate  at 
a  parliamentary  election  (y}. 

As  to  sub-section  (5). — This  would  appear  to  be 
merely  declaratory,  as  the  reasons  for  which  it 
has  been  held  that  peers  are  legally  incapable  of 
exercising  the  parliamentary  franchise  do  not 


(v)  See  pp.  167—172,  infra, 
(x)  See  pp.  8,  104—108,  supra. 
(y)  See  pp.  224—226,  infra. 


c 


QUALIFICATION  FOR  MEMBER  OF  LOCAL  AUTHORITY. 

apply  to  peeresses  (#),  whether  in  their  own  right     Sect.  9. 
or  by  marriage.     There  is,  of  course,  nothing  to 
prevent  either  peers  or  peeresses  from  voting  at 
a  local  government  election. 

10.  —  A  person  shall,  in  addition  to  and  Provision  as 
without   prejudice   to  any  other   qualifica-  t 
tion,  be  qualified  to  be  elected  a  member  of 
the  local  government  authority  for  any  local 
government  electoral  area1  if  he  is  the  owner 
of  property    held    by    freehold,    copyhold, 
leasehold,  or  any  other  tenure2  within  the 
area  of  that  authority. 

NOTE.  —  The  effect  of  this  section  is  to  enlarge 
the  qualifications  for  membership  of  local 
government  authorities.  There  is  no  limit 
of  value  in  regard  to  the  qualifying  property, 
nor  need  the  ownership  have  lasted  for  any 
particular  period.  The  section  also  prevents 
the  possible  disqualification,  by  reason  of  the 
conditions  of  the  local  government  or  parlia- 
mentary franchise  as  laid  down  in  the  present 
Act,  of  any  person  from  being  elected  a  member 
of  a  local  government  authority,  where  such 
person  would  have  been  qualified  for  such  election 
under  the  previously  existing  law  ;  e.g.,  by 
sect.  2  (b)  of  the  Local  Government  Act,  1888, 
"  a  person  shall  be  qualified  to  be  an  alderman  or 

1  See  p.  124,  infra.  2  See  p.  124,  infra. 

(z)  See  p.  67,  supra. 


124  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  10.  councillor  who,  though  not  qualified  in  manner 
provided  by  the  Municipal  Corporations  Act,  1882, 
as  applied  by  this  Act  (i.e.,  Local  Government 
Act,  1888)  ...  is  registered  as  a  parliamentary 
voter  in  respect  of  the  ownership  of  property  of 
whatsoever  tenure  situate  in  the  county."  Since 
the  ownership  qualification  for  the  parliamentary 
franchise  is  abolished  by  the  present  Act,  the  case 
might  arise  where  a  person  who  would  have  been 
qualified  under  the  above- quoted  provision  would, 
in  the  absence  of  sect.  10,  set  out  above,  not  be  so 
qualified  under  the  present  Act. 

the  local  government  authority  for  any  local 
government  electoral  area, 

The  words  u  local  government  authority " 
mean  a  county  council,  municipal  borough  coun- 
cil, metropolitan  borough  council,  district  council, 
board  of  guardians,  parish  council,  or  any  other 
body  elected  at  the  time  of  the  passing  of  this 
Act  by  persons  on  the  local  government  register 
or  on  the  register  of  parochial  electors  (a) ;  and 
the  expression  " local  government  electoral  area" 
means  the  area  for  which  any  of  the  bodies  just 
mentioned  is  elected  (a). 

the  owner  of  property  held  by  freehold,  copy- 
hold, leasehold,  or  any  other  tenure. 

The  word  "owner"  is  used  here  somewhat 
loosely,  and  not  in  the  sense  in  which  it  is  used 
in  sect.  3  (b). 

(a)  See  sect.  41  (2),  pp.  305,  306,  infra. 
(6)  See  p.  46,  supra. 


REGISTERS. 


PART  II. 

REGISTRATION. 

[Sections  11—19.] 

11. — (1)  Two  registers  of  electors  shall  be  spring  and 
prepared  in  every  year,  of  which  one  (in  this 
Act  referred  to  as  the  spring  register)  shall 
be  made  for  the  qualifying  period  ending  on 
the  fifteenth  day  of  January,1  and  the  other 
(in  this  Act  referred  to  as  the  autumn 
register)  shall  be  made  for  the  qualifying 
period  ending  on  the  fifteenth  day  of  July.2 

(2)  The  spring  register  shall  come    into 
force  on  the  commencement  of  the  fifteenth 
day  of  April  and  remain  in  force  until  the 
fifteenth  day  of  October,3  and  the  autumn 
register  shall  come  into  force  on  the  com- 
mencement of  the  fifteenth  day  of  October 
and  remain  in  force  until  the  fifteenth  day 
of  April.4 

(3)  If  for    any    reason    the    registration 
officer   fails   to   compile  a  fresh   spring   or 
autumn  register  for  his  area  or  any  part  of 

1  See  pp.  126,  127,  infra.  3  See  pp.  127,  128,  infra. 

2  See  pp.  126,  127,  infra.  *  See  pp.  127,  128,  infra. 


126  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect-  n-  his  area,  the  register  in  force  at  the  time 
when  the  fresh  register  should  have  come 
into  force  shall  continue  to  operate  as  the 
register  for  the  area  or  part  of  an  area  in 
respect  of  which  default  has  been  made.5 

NOTE. — Sect.  11  deals  with  the  registers  of 
electors,  which  it  defines,  and  also  provides  for 
the  contingency  of  a  failure  to  compile  a  fresh 
register. 

As  to  sub-section  (1). — This  provides  that  there 
shall  be  two -registers  in  every  twelve  months, 
viz.  (a)  the  Spring  register,  on  which  are  to  be 
placed  the  names  of  the  men  and  women  who  are 
entitled  to  be  registered  as  parliamentary  or  local 
government  electors  by  reason  of  their  having 
fulfilled  the  conditions  of  the  franchise  during 
the  qualifying  period  ending  on  January  15th, 
and  (b)  the  Autumn  register,  on  which  are  to  be 
placed  the  names  of  the  men  and  women  who 
are  entitled  to  be  registered  as  parliamentary  or 
local  government  electors  by  reason  of  their  having 
fulfilled  the  conditions  of  the  franchise  during 
the  qualifying  period  ending  on  July  15th. 

It  is  submitted  that  the  above  is  the  meaning  of 
sect.  11  (1).  The  words  in  that  sub-section  (.  .  . 
the  Spring  register)  shall  be  made  for  the  quali- 
fying period  ending  on  the  fifteenth  day  of 
January  and  the  corresponding  words  relating 
to  the  Autumn  register  can  only  mean  that  the 
Spring  and  Autumn  registers  respectively  shall 

6  See  pp.  128—130,  infra. 


REGISTERS.  127 

contain  the  names  of  the  persons  entitled  to  be     Sect- 11- 
registered  by  reason  of  their  having  fulfilled  the 
conditions  of  the  franchise  during  the  qualifying 
periods  ending  January  loth  and  July  15th  re- 
spectively (c). 

As  to  the  conditions  of  the  franchise,  see  sec- 
tions 1,  3,  4,  5,  supra.  As  to  the  qualifying 
period,  see  pp.  95 — 98,  supra. 

As  to  sub-section  (2). — The  Spring  register  is 
valid  only  from  midnight,  April  14th,  until  mid- 
night, October  14th,  and  the  Autumn  register 
from  midnight,  October  14th,  until  midnight, 
April  14th.  As  was  noted  above,  the  Spring 
register  contains  the  names  of  the  persons  who 
are  entitled  to  be  registered  by  reason  of  their 
having  fulfilled  the  conditions  of  the  franchise 
during  the  qualifying  period  ending  on  January 
15th,  and  such  persons  accordingly  only  obtain 
the  rights  which  registration  confers  (d)  during 
the  time  when  the  Spring  register  is  in  force, 
viz.  from  April  15th  to  October  15th.  Similarly, 
the  Autumn  register  contains  the  names  of  the 
persons  who  are  entitled  to  be  registered  by 
reason  of  their  having  fulfilled  the  conditions  of 
the  franchise  during  the  qualifying  period 
ending  on  July  15th,  and  accordingly  such 
persons  only  obtain  the  rights  which  registration 
confers  (e)  during  the  time  when  the  Autumn 
register  is  in  force,  viz.  from  October  15th  to 

(c)  But  as  to  the  first  register,  see  pp.  128,  129,  infra. 

(d)  See  pp.  102 — 108,  supra. 

(e)  See  pp.  102—108,  supra. 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  11.  April  15th.  In  other  words,  for  a  person  to 
enjoy  the  rights  which  registration  confers(/) 
during  the  whole  twelve  months,  the  name  of 
such  person  must  appear  on  both  registers. 

As  to  sub-section  (3). — The  word  area  here  means 
"  registration  area."  By  sect.  12  (!)(#)  "  each 
parliamentary  borough  and  each  parliamentary 
county  shall  be  a  registration  area." 

It  should  be  noticed  that  by  sect.  46  (2)  it  is 
provided  that : — 

u  Notwithstanding  anything  in  this  Act,  the 
first  register  to  be  prepared  under  this  Act  shall 
come  into  force  on,  and  remain  in  force  until, 
such  date  as  His  Majesty  may  fix  by  Order  in 
Council,  and  His  Majesty  may  by  any  such 
Order  alter,  in  connection  with  the  first  register, 
any  registration  dates,  including  the  dates  go- 
verning the  qualifying  period,  and  direct  that 
this  Act  shall  have  effect  as  so  altered." 

By  rule  6  of  the  Order  in  Council  dated 
June  4th,  1918  (7),  which  substituted  other  dates 
for  the  dates  specified  in  Orders  in  Council  dated 
March  4th,  1918  (m)  and  March  22nd,  191 8  (»), 
"  in  connection  with  the  first  register  to  be  pre- 
pared under  the  Act  the  registration  dates  and 
the  dates  governing  the  qualifying  period  shall, 
....  be  the  dates  specified  in  the  third  column 
of  the  Fifth  Schedule  to  this  Order." 


(/)  See  pp.  102—108,  supra. 

(k]  See  p.  130,  supra. 

(?)  See  p.  749,  infra. 

(m)  See  pp.  613— 614,  infra. 

(n)  See  pp.  626—627,  infra. 


DATES  FOR  FIRST  REGISTER. 


The  Schedule  is  as  follows  :— 
REGISTRATION  DATES. 


Sect.  11. 


Subject-matter. 

Date  specified 
in  Act. 

Substituted 
date. 

End  of  qualifying  period  .... 
Publication  of  lists  

15  Jan.  —  July 
1  Fek%  —  Aug. 

15  April 
29  June 

Last  day  for  objections  to  elec- 
tors lists    

15  Feb.  —  Aug. 

10  July 

Last  day  for  claims     
Last  day  for  claims  as  absent 
voters    

18  Feb.—  Aug. 
18  Feb.  —  Aug. 

17  July 
31  July 

Date  referred  to  in  Bale   17 
(see  p.  345,  infra}    

18  Feb.  —  Aug. 

17  Auer 

Publication  of  list  of  objec- 
tions to  electors  lists     

21  Feb.  —  Aug. 

19  July 

Publication  of  list  of  claimants 
Last    day   for    objections    to 
claimants  

24  Feb.—  Aug. 
7  Mar.  —  4  Sept. 

25  July 
31  July 

Publication  of  list  of   objec- 
tions to  claimants  (as  soon 
as  practicable  after) 

7  Mar  —  4  Sept. 

31  July 

Publication  and  coming   into 
force  of  register  . 

15  ADril—  Oct. 

1  Oct." 

In  its  application  to  Ireland  sect.  11  must  be  Application 

-.         ,  .  ,        „   -,,  .    .  „  to  Ireland. 

read  subject  to  the  following  provisions  of  sect. 


n 


"  One  register  of  electors  only  shall  be  made 
each  year,  and  all  provisions  applicable  to 
the  autumn  register  shall  apply  as  respects  the 
yearly  register  (except  that  the  yearly  register 
shall  remain  in  force  until  the  fifteenth  day  of 
October  in  the  next  following  year),  and  the  pro- 
visions as  to  the  preparation  of  two  registers  in 
each  year  and  as  to  the  spring  register  shall  not 
apply." 

(o)  See  pp.  334,  335,  infra. 


1'JO  REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 

Sect.  11.  It  should  be  noticed  that  in  Ireland  there  is 
only  one  qualifying  period  in  each  year,  being 
a  period  of  six  months  ending  on  July  loth  (ri). 


12.  —  H)  Each  parliamentary  borough  and 

officers  and  >     '  TUT 

area8.  each  parliamentary  county  shall  be  a  regis- 

tration area,  and  there  shall  be  a  registra- 
tion officer  for  each  registration  area. 

(2)  Where  the  registration  area  is  a  par- 
liamentary county  and  is  coterminous  with, 
or  wholly  contained  in,  one  administrative 
county,   the   clerk    of  the   county   council, 
and  where  the  registration  area  is  a  par- 
liamentary borough  and  is  coterminous  with, 
or    wholly    contained    in,    one     municipal 
borough,    the   town   clerk  of  the   borough 
shall  be  the  registration  officer  for  the  area. 

In  any  other  case  such  clerk  of  the  county 
council,  or  town  clerk,  shall  be  registration 
officer  for  the  area  as  the  Local  Government 
Board  may  by  Order  direct,  subject  to  any 
conditions  which  may  be  made  by  the  Order 
as  to  the  appointment  of  deputies  for  any 
part  of  the  area. 

(3)  Any  of  the  duties  and  powers  of  the 
registration  officer  may  be  performed  and 
exercised  by  any  deputy  for  the  time  being 
approved  by  the  Local  Government  Board, 

(w)  See  sect.  44  (11)  (a),  p.  334,  infra. 


REGISTRATION  OFFICERS  AND  AREAS.  18 

and  the  provisions  of  this  Act  shall  apply  to    sect.  12. 
any  such  deputy  so  far  as  respects  any  duties 
or  powers  to  be  performed  or  exercised  by 
him  as  it  applies  to  the  registration  officer. 

(4)  In  the  event  of  any  vacancy  in  the 
office  of  any  clerk  of  the  county  council  or 
town  clerk  who  is  a  registration  officer,  or 
in  the  event  of  his  incapacity  to  act,  any 
acts  authorised  or  required  to  be  done  by  or 
with  respect  to  the  registration  officer  may 
be  done  by  or  with  respect  to  any  person 
temporarily  appointed  in  that  behalf  by  the 
chairman  of  the  county  council  or  the 
mayor  as  the  case  may  be. 

NOTE. — Each  parliamentary  borough  and  each 
parliamentary  county.  A  list  of  these  in  Eng- 
land and  Wales  is  given  in  the  Ninth  Schedule  to 
this  Act.  See  pp.  404—467,  482—543,  infra. 

Any  of  the  duties  and  powers  of  the  registra- 
tion officer. — As  to  what  these  are,  see  sect.  13, 
pp.  133—134,  infra,  and  First  Schedule,  pp.  339- 
357,  infra. 

This  section  does  not  apply  to  Scotland,  but  Application 

,*1  x  .    .  to  Scotland. 

by  section  43,  sub-section  (8),  the  provisions  of 
that  sub-section  are  substituted  for  those  of 
section  12.  The  provisions  of  section  43,  sub- 
section (8),  will  be  found  set  out  on  pp.  317 — 319, 
infra. 

9(2) 


H*  REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 

Sect.  12.         In  its  application  to  Ireland  sect.  12  of  the  Act 


Applic 
to  Ireli 


cation     is,  by  reason  of  the  provisions  of  sect.  44,  sub- 


reland. 


sect.  (2)  (p)  and  part  of  sub-sect.  (3)  (q\  to  be  read 
subject  to  the  following  modifications  :- 

u(2)  The  reference  (in  sect.  12  (3))  to  the 
Local  Government  Board  in  relation  to  the  ap- 
proval of  a  deputy  for  the  execution  of  any  of 
the  powers  and  duties  of  a  registration  officer 
shall  be  construed  as  a  reference  to  the  Lord 
Lieutenant,  and  other  references  to  that  Board 
shall  be  construed  as  references  to  the  Local 
Government  Board  for  Ireland : 

"  (3) — (a)  The  clerk  of  the  crown  and  peace  for 
an  administrative  county,  not  being  a  county 
borough,  shall  be  the  registration  officer  for  any 
parliamentary  county  which  is  coterminous  with, 
or  the  whole  or  greater  part  of  which  is  contained 
in,  the  administrative  county  and  no  part  is  con- 
tained in  a  county  borough,  and  the  clerk  of  the 
crown  and  peace  for  a  county  borough  shall  be 
the  registration  officer  for  any  parliamentary 
borough  which  is  coterminous  with,  or  the  whole 
or  any  part  of  which  is  contained  in,  the  county 
borough  (r)  .  .  .  ." 

Moreover,  sect.  44  (3)  (c)  (*)  is  substituted  for 
sub-sect.  (4)  of  sect.  12. 


(p)  See  p.  327,  infra, 
(q)  See  pp.  327,  328,  infra. 

(r)  For  the  proviso  in  this  sub-section  relating  to  Dublin  and 
Belfast,  see  p.  144,  infra. 
(«)  See  pp.  329,  330,  infra. 


REGISTRATION  DUTIES.  133 

13.— (1)  It  shall  be  the  duty  of  the  regis-  Seot- 18- 
tration  officer  to  compile  the  spring  and  duetfe^rfttion 
autumn  register,  and  to  place,  or  cause  to  be 
placed,  on  the  register  in  accordance  with 
the  rules  set  out  in  the  First  Schedule  to 
this  Act  the  names  of  those  entitled  to  vote 
as  parliamentary  electors  or  local  govern- 
ment electors  in  his  registration  area,  and  to 
comply  with  any  general  or  special  direc- 
tions which  may  be  given  by  the  Local 
Government  Board  with  respect  to  the 
arrangements  to  be  made  by  the  registra- 
tion officer  for  carrying  out  his  duties  as  to 
registration. 

If  a  registration  officer  refuses,  neglects  or 
fails  without  reasonable  cause  to  perform 
any  of  his  duties  in  connection  with  regis- 
tration, he  shall  be  liable  on  summary  con- 
viction to  a  fine  not  exceeding  one  hundred 
pounds. 

(2)  His  Majesty  may  by  Order  in  Council 
prescribe  the  forms  to  be  used  for  registra- 
tion purposes  and  any  fees  to  be  taken  in 
connection  therewith,  and  alter  the  rules 
contained  in  the  First  Schedule  to  this  Act 
for  the  purpose  of  carrying  this  Act  into  full 
effect,  or  for  carrying  into  effect  any  Act  for 
the  time  being  in  force  amending  or  affect- 
ing this  Act. 


134  REPKE8ENTATION  OF  THE  PEOPLE  ACT,  1918. 

sect,  is.  Xhe  rules  contained  in  the  First  Schedule 
to  this  Act  and  any  Order  so  made  shall 
have  effect  as  if  enacted  in  this  Act. 

NOTE. — This  section  imposes  upon  the  regis- 
tration officer  the  duty  of  ascertaining  what  per- 
sons in  the  area  for  which  he  is  registration 
officer  are  entitled  to  be  placed  on  the  register 
as  parliamentary  and  as  local  government  electors 
and  to  place  such  names  or  cause  them  to  be 
placed  on  the  register. 

the  rules  set  out  in  the  First  Schedule  to  this 
Act. — For  these  rules,  see  pp.  339 — 357,  infra. 

and  to  comply  with  any  general  or  special 
directions  which  may  be  given  by  the  Local 
Government  Board. — These  directions  are  set 
out  in  Appendix  I.  See  p.  555,  infra. 

shall  be  liable  on  summary  conviction  to  a 
fine  not  exceeding  one  hundred  pounds. — If  a 

registration  officer  refuses,  neglects  or  fails  with- 
out reasonable  cause  to  perform  any  of  his  duties 
in  connection  with  registration,  such  refusal,  ne- 
glect or  failure  does  not  constitute  an  indictable 
offence,  but  is  punishable  upon  summary  convic- 
tion and  renders  the  registration  officer  liable  to 
be  prosecuted  under  the  Summary  Jurisdiction 
Acts. 

The  Order  in  Council  prescribing  forms  referred 
to  in  sub-section  (2)  above  is  set  out  at  pp.  555— 
578,  infra,  and  that  prescribing  fees  at  pp.  747 — 
753,  infra   (see  particularly  rule  2,  p.   748,   and 
Second  Schedule,  p.  751). 


APPEALS.  135 

14. — (1)  An  appeal  shall  lie  to  the  county  Sect- 14- 
court,  as  defined  by  rules  of  court,  from  any 
decision  of  the  registration  officer  on  any 
claim  or  objection  which  has  been  considered 
by  him  under  this  Act,  or  the  placing  of  or 
refusal  to  place  any  mark  against  any  name 
on  the  register,  and  rules  of  court  shall  be 
made  for  the  purpose  of  determining  the 
procedure  on  any  such  appeals  and  for 
applying  and  adapting  thereto  any  enact- 
ments relating  to  county  courts  and  the 
procedure  therein  : 

Provided  that  an  appeal  shall  not  lie 
where  tf  claimant  or  objector  has  not  availed 
himself  of  his  opportunity,  as  provided  in 
the  First  Schedule  to  this  Act,  of  being 
heard  by  the  registration  officer  on  the 
claim  or  objection,  or  as  to  the  placing  of 
or  refusing  to  place  any  such  mark  as 
aforesaid. 

(2)  An  appeal  shall  lie  on  any  point  of 
law  from  any  decision  of  the  county  court 
on  any  such  appeal  from  the  registration 
officer  in  accordance  with  rules  of  the  Su- 
preme Court  to  the  Court  of  Appeal,  but 
no  appeal  shall  lie  from  the  decision  of  the 
Court  of  Appeal. 

(3)  The   right    of  voting   of  any   person 
whose  name  is  for  the  time  being  on  the 
register    shall    not    be    prejudiced   by   any 


136  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

sect.  14.  appeal  pending  under  this  section,  and  any 
vote  given  in  pursuance  of  that  right  shall 
be  as  good  as  if  no  such  appeal  were 
pending,  and  shall  not  be  affected  by  the 
subsequent  decision  of  the  appeal. 

(4)  Notice  shall  be  sent  to  the  registration 
officer  in  manner  provided  by  rules  of  court 
of  the  decision  of  the  county  court  or  of  the 
Court  of  Appeal  on  any  appeal  under  this 
section,    and   the    registration   officer   shall 
make  such  alterations  in  the  electors  lists  or 
register  as  may  be  required  to  give  effect  to 
the  decision. 

(5)  On  any  appeal  under  this  section  the 
registration  officer  shall  be  deemed  to  be  a 
party  to  the  proceedings. 

(6)  If  the  Lord  Chancellor  is  satisfied  on 
the    representation    of   the   judge    of    any 
county  court  that  the  judge  is  unable,  owing 
to   the   necessity   of   dealing   with   appeals 
under  this  Act,  to  transact  the  business  of 
the   court  with  proper  despatch,  the  Lord 
Chancellor  may  appoint  a    barrister    of  at 
least  seven  years'  standing  to  act  as  assistant 
judge  for  such  time  as  the  Lord  Chancellor 
may  direct,  and  subject  to  any  conditions 
which  he  may  impose.  . 

Any  assistant  judge  so  appointed  shall 
have  all  the  powers  and  privileges  and  may 
perform  any  of  the  duties  of  the  judge, 


APPEALS.  137 

whether  under  this   Act   or   otherwise,    to    sect.  14. 
whom  he  has  been  appointed  assistant. 

An  assistant  judge  shall  be  paid  out  of 
moneys  provided  by  Parliament  such  re- 
muneration and  travelling  allowances  as 
may  be  allowed  by  the  Treasury.  . 

In  the  application  of  this  provision  to  a 
county  court  district  the  whole  of  which  is 
within  the  Duchy  of  Lancaster,  the  Chan- 
cellor of  the  Duchy  shall  be  substituted  for 
the  Lord  Chancellor. 

NOTE. — An  appeal. — Anyone  who  is  entitled 
to  make  and  has  made  a  claim  or  objection  can 
appeal  to  the  county  court  from  the  decision  of 
the  registration  officer,  whether  such  decision  be 
on  a  question  of  fact  or  a  point  of  law,  as  to 
which  see  below. 

For  the  rules  of  court  referred  to  in  sub- 
sections (1),  (2)  and  (4),  see  pp.  638 — 671,  infra. 

on  any  claim  or  objection. — See  pp.  342 — 345, 
and  Rule  25,  pp.  3-1:8,  349,  infra. 

any  mark  against  any  name  on  the  register. 
—See  Rule  2,  p.  340,  infra,  and  pp.  342 — 345, 
577,  infra. 

where  a  claimant  or  objector  has  not  availed 
himself  of  his  opportunity,  as  provided  in  the 
First  Schedule  to  this  Act,  of  being  heard  by  the 
registration  officer. — See  Rules  20,  21,  p.  347, 
and  Rule  39,  p.  353,  infra. 

An  appeal  shall  lie  on  any  point  of  law  from 
any  decision  of  the  county  court. — It  will  be 
noticed  that  an  appeal  from  the  decision  of  the 


las 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 


Sect.  14. 


Application 
to  Scotland. 


Application 
to  Ireland. 


county  court  will  only  lie  on  a  point  of  law. 
Where  it  is  clear  that  the  findings  of  fact  by  the 
registration  officer  are  dependent  on  an  erroneous 
view  of  the  law  (r),  or  where  there  is  no  evidence 
to  support  such  findings,  an  appeal  will  lie  (s). 

In  Scotland  the  reference  to  the  county  court 
in  the  above  section  shall  be  construed  as  a  re- 
ference to  the  sheriff  court,  and  reference  to  the 
Supreme  Court  shall  be  construed  as  a  reference 
to  the  Court  of  Session,  and  a  reference  to  the 
Court  of  Appeal  shall  be  construed  as  a  reference 
to  the  Court  of  three  judges  of  the  Court  of 
Session  constituted  by  sect.  23  of  the  Repre- 
sentation of  the  People  (Scotland)  Act,  1868  (£). 
Moreover,  sect.  43  (9)(w)  of  the  present  Act  enacts 
that  ' '  the  provisions  regarding  the  appointment 
of  an  assistant  judge  (in  sect.  14  above)  shall  riot 
apply  "  to  Scotland. 

In  its  application  to  Ireland  sect.  14  is  subject 
to  the  provisions  of  sect.  44  (5)  (#),  which  are  as 
follows  : — 

"  For  the  purposes  of  appeals  from  the  regis- 
tration officer,  .  .  .  the  powers  and  jurisdic- 
tion of  the  county  court  shall,  unless  and  until 
the  Lord  Lieutenant  otherwise  direct,  be  exer- 


(r]  Cawley  v.  Furncll  (1851),  12  0.  B.  291  ;  Cuthbertson  v.  Purses 
(1852),  12  C.  B.  304. 

(s]  G.  N.  R.  Co.  v.  llimel  (1856),  18  0.  B.  575;  Brituli  Industry 
Lift-.  Ass.  Co.  v.  Ward  (1856),  17  C.  B.  644. 

(0  See  sect.  43  (1),  (h),  (f)  and  (g)  of  the  present  Act,  pp.  309, 
310,  infra. 

(«)  See  p.  319,  infra. 

(x)  See  p.  331,  infra. 


REGISTRATION  EXPENSES. 

cised,  as  respects  the  parliamentary  borough  of  Sect.  14. 
Dublin,  by  the  persons  who  are  at  the  time  of 
the  passing  of  this  Act  Dublin  revising  barris- 
ters, and  as  respects  the  parliamentary  county  of 
Dublin  by  the  person  who  is  at  the  time  of  the 
passing  of  this  Act  revising  barrister  for  that 
county ;  but  while  those  powers  are  so  exercised, 
the  provisions  of  this  Act  as  to  county  courts 
shall  apply  to  those  persons  as  they  apply  to 
county  courts,  with  the  necessary  modifications, 
and  in  particular  with  the  modification  that  assis- 
tant judges  may  be  appointed  to  assist  those 
persons  if  in  the  opinion  of  the  Lord  Chancellor 
such  appointment  is  necessary  in  order  to  enable 
the  appeals  to  be  disposed  of  with  proper  dispatch. " 

15. — (1)  Any  expenses  properly  incurred  Expenses  of 

,  \    '.        ,  .  J  £  .    ^ ^         J  f  registration. 

by  a  registration  officer  in  the  performance 
of  his  duties  in  relation  to  registration, 
including  all  proper  and  reasonable  charges 
for  trouble,  care  and  attention  in  the  per- 
formance of  those  duties,  and  any  costs 
incurred  by  him  as  party  to  an  appeal  (in 
this  Act  referred  to  as  "registration  ex- 
penses ")  shall  be  paid  by  the  council  whose 
clerk  the  registration  officer  is,  or  by  whom 
he  is  appointed,  subject,  in  cases  where  the 
registration  area  is  not  coterminous  with  or 
wholly  contained  in  the  area  of  that  council, 
to  such  contributions  by  the  council  of  any 
other  county  or  borough  as  the  Local  Go- 
vernment Board  may  direct. 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Se<*- lft  Any  such  expenses  shall  be  paid  in  the 
case  of  the  council  of  a  county  out  of  the 
county  fund,  and  if  the  case  requires  as 
expenses  for  special  county  purposes,  and  in 
the  case  of  a  council  of  a  borough  out  of  the 
borough  fund  or  borough  rate,  or,  where 
there  is  no  borough  fund  or  borough  rate, 
out  of  the  fund  or  rate  out  of  which  the 
ordinary  expenses  of  the  council  of  the 
borough  are  paid. 

(2)  The  Treasury  may  frame  a  scale  of 
registration  expenses  applicable  to  all  or  any 
class  or  classes  of  those  expenses,  and  may 
alter  the  scale  as  and  when  they  think  fit. 

Any  expenses  incurred  by  the  registration 
officer  of  a  class  to  which  the  scale  is  applic- 
able shall  be  taken  to  be  properly  incurred 
if  they  do  not  exceed  the  maximum  amount 
determined  by  or  in  accordance  with  the 
scale,  and  so  far  as  they  do  exceed  that 
amount  shall  be  taken  not  to  have  been 
properly  incurred  unless  the  excess  is 
specially  sanctioned  by  the  council  and  the 
Treasury  either  before  or  after  the  expenses 
have  been  incurred. 

If  any  question  arises  whether  any  ex- 
penses incurred  by  the  registration  officer  of 
a  class  to  which  the  scale  is  not  applicable 
have  been  properly  incurred  or  not,  that 
question  shall  be  referred  to  the  Local 


KEGISTRATION  EXPENSES.  141 

Government  Board,  and  the  decision  of  the    seot  ** 
Board  on  the  question  shall  be  final. 

(3)  Any  fees  or  other  sum  received  by  the 
registration  officer  in  respect  of  his  duties  as 
such  officer,  other  than  sums  paid  to  that 
officer  in  respect  of  his  registration  expenses, 
shall  be  accounted  for  by  that  officer  and 
paid  to  the  credit  of  the  fund  or  rate  out  of 
which  the  expenses  of  that  officer  are  paid. 

(4)  There    shall   be  paid  out  of  moneys 
provided  by  Parliament  to  the  council  of 
any  county  or  borough  in  aid  of  the  fund  or 
rate  out  of  which  any  registration  expenses 
are  paid  by  the  council,  in  accordance  with 
this  Act,  one  half  of  the  amount  so  paid  by 
the  council. 

(5)  On   the   request   of   the   registration 
officer  of  any  registration  area  for  an  ad- 
vance on  account  of  registration  expenses, 
the    council   whose    clerk   the   registration 
officer  is  may,  if  they  think  fit,  make  such 
an   advance    to   him   of  such   amount   and 
subject  to   such   conditions  as  the  council 
may  approve. 

in  the  performance  of  his  duties. — As  to  what 
are  the  duties  of  the  registration  officer,  see  sect. 
13,  pp.  133 — 134,  supra,  and  First  Schedule,  pp. 
339—357,  infra. 

as  party  to  an  appeal. — See  sect.  14,  pp.  135— 
137,  and  137—138,  supra. 


14$  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

sect  is         registration  area. — See  sect.  12  ( 1),  p.  1 30,  supra. 

For  the  scale  of  registration  expenses  men- 
tioned in  sub-section  (2),  see  pp.  610 — 612,  infra. 

As  to  the  words  in  sub-section  (3)  above,  any 
fees  or  other  sum  received  by  the  registration 
officer  in  respect  of  his  duties  as  such  officer, 
other  than  sums  paid  to  that  officer  in  respect  of 
his  registration  expenses,  the  fees  here  referred 
to  are  those  mentioned  in  Rules  28  and  33  of  the 
Registration  Rules  (y\  and  Rule  8  of  the  Third 
Schedule  (z).  For  the  amount  of  such  fees,  see 
Order  in  Council,  June  4th,  1918,  rule  2,  p.  748, 
and  Second  Schedule,  p.  751,  infra. 

Application  The  first  sub-section  of  sect.  15  does  not  apply 
to  Scotland,  and  in  lieu  thereof  the  provisions  of 
sect.  43  (II)  (a)  are  applicable.  These  provisions 
are  as  follows : — 

"  Any  expenses  properly  incurred  by  any  re- 
gistration officer  in  the  performance  of  his  duties 
in  relation  to  registration,  including  all  proper 
and  reasonable  charges  for  trouble,  care,  and 
attention  in  the  performance  of  those  duties  and 
any  cost  incurred  by  him  as  party  to  an  appeal 
(in  this  Act  referred  to  as  '  registration  expenses '), 
shall  be  paid  by  the  council  appointing  the  regis- 
tration officer.  Provided  that,  where  a  burgh 
within  the  meaning  of  the  Local  Government 
(Scotland)  Act,  1889,  is  not  a  separate  registra- 
tion area,  the  council  thereof  shall  pay  to  the 
council  appointing  the  registration  officer  a  con- 
tribution towards  the  registration  expenses,  and 

(«/)  See  pp.  350,  351,  infra. 

(z)  See  p.  360,  infra. 

(a)  See  pp.  319,  320,  infra. 


REGISTRATION  EXPENSES.  143 

sub-section  (4)  of  section  sixty  and  section  sixty-  Sect.  l«. 
six  of  that  Act  shall  apply,  with  the  necessary 
modifications,  to  such  contribution.  The  amount 
necessary  to  defray  any  registration  expenses  or 
any  contribution  thereto,  as  the  case  may  be 
shall  be  assessed  and  levied  in  any  one  of  the 
modes  allowed  by  the  Valuation  Acts  with  re- 
spect to  the  costs  and  expenses  of  making  up  the 
valuation  roll." 

In  its  application  to  Ireland,  sect.  15  is  subject  Application 
to  the  modifications  enacted  by  sect.  44  (3)  (a) 
(b)  (b)  of  the  Act.      Sect,   44  (3)   (a)    (b)  is  as 
follows : — 

"  (a)  The  clerk  of  the  crown  and  peace  for 
an  administrative  county,  not  being  a  county 
borough,  shall  be  the  registration  officer  for  any 
parliamentary  county  which  is  coterminous  with, 
or  the  whole  or  greater  part  of  which  is  contained 
in,  the  administrative  county,  and  for  any  parlia- 
mentary borough  of  which  the  whole  or  greater 
part  is  contained  in  the  administrative  county  and 
no  part  is  contained  in  a  county  borough,  and  the 
clerk  of  the  crown  and  peace  for  a  county  borough 
shall  be  the  registration  officer  for  any  parlia- 
mentary borough  which  is  coterminous  with,  or 
the  whole  or  any  part  of  which  is  contained  in, 
the  county  borough,  and  the  council  of  that  ad- 
ministrative county  or  county  borough,  as  the 
case  may  be,  shall  be  the  council  by  which  the 
registration  expenses  of  that  registration  officer 
are  to  be  paid,  subject  in  cases  where  the  parlia- 

(b)  See  pp.  327—329,  infra. 


144:  BEPKE8ENTAT10N  OF  THE  PEOPLE  ACT,  1918. 

Sect.  15.  mentary  county  or  parliamentary  borough  is  not 
coterminous  with,  or  wholly  contained  in,  the 
administrative  county  or  county  borough,  as  the 
case  may  be,  to  such  contribution  by  the  council 
of  any  other  administrative  county  or  county 
borough  as  the  Local  Government  Board  may 
direct :  Provided  that  the  registration  expenses 
to  be  paid  by  a  council  shall  not  include  any 
charges  for  trouble,  care,  and  attention,  in  the 
performance  of  duties  which  are  performed  by 
the  registration  officer  in  person  :  Provided  also 
that  the  persons  who,  at  the  passing  of  this  Act, 
are  town  clerks  for  the  county  borough  of  Dublin 
and  the  county  borough  of  Belfast,  respectively, 
shall,  so  long  as  they  hold  their  respective  offices, 
be  the  registration  officers  for  the  parliamentary 
borough  of  Dublin  and  the  parliamentary  borough 
of  Belfast,  respectively,  and  that  the  last  pre- 
ceding proviso  shall  not  apply  in  their  case. 


tt 


(b)  The  registration  expenses  shall  be  paid  in 
the  case  of  the  council  of  a  county  borough,  out  of 
the  rate  or  fund  out  of  which  the  general  expenses 
of  the  council  are  paid,  or  out  of  any  other  rate 
or  fund  which  the  Local  Government  Board  may 
on  the  application  of  the  council  approve,  and,  in 
the  case  of  a  council  of  any  other  administrative 
county,  out  of  the  poor  rate  as  a  county  at  large 
charge,  except  in  cases  to  which  section  twelve 
of  the  Parliamentary  Registration  (Ireland)  Act, 
1885,  applies." 

It  will  be  noticed  that  the  proviso  in  the  above 
sub-section  introduces  a  material  difference  in  the 


PROVISIONS  AS  TO  URBAN  DISTRICTS  AND  LONDON.  145 

meaning  of  the  words  u  expenses  properly  incurred     Sect.  is. 
by  the  registration  officer  "  as  compared  with  the 
meaning  of  these  words  in  sect.  15  (1). 

"  Local  Government  Board"  throughout  the 
sub-section  just  quoted  means  the  Local  G-overn- 
ment  Board  for  Ireland  (<?). 

As  to  the  words  "  except  in  cases  to  which 
section  twelve  of  the  Parliamentary  Registration 
(Ireland)  Act,  1885,  applies,"  that  section  enacts 
that  the  commissioners  of  the  townships  of  Pem- 
broke and  Blackrock  shall  make  certain  contribu- 
tions to  the  treasurer  of  the  Corporation  of  Dublin 
in  respect  of  the  registration  expenses  incurred 
by  the  Corporation. 

The  provisions  of  sect.  44  (6),  set  out  on  pp.  331, 
332,  infra,  should  also  be  noticed. 

16.  —  (1)  Where  an  urban  district  is  co-  special  Fro- 
terminous  with  a  registration  area  which  is  ™ 
a  parliamentary  borough  or  is  wholly  con- 


tained  in  such  area,  this  Part  of  this  Act 
shall  apply  to  that  district  as  it  applies  to  a 
municipal  borough,  with  the  substitution  of 
the  clerk  of  the  urban  district  council  for 
the  town  clerk,  of  the  urban  district  council 
for  the  council  of  the  borough,  of  the  general 
district  rate  for  the  borough  fund  or  borough 
rate,  and  of  the  chairman  of  the  council  for 
the  mayor. 

(2)  Any  reference  to  a  municipal  borough 

(c)  See  sect.  44  (2),  p.  327,  infra. 

F.  10 


146  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

sect.  16.  in  this  Part  of  this  Act  shall  include  a  re- 
ference to  a  metropolitan  borough  and  the 
City  of  London,  with  the  substitution,  as 
respects  a  metropolitan  borough,  of  the  clerk 
of  the  metropolitan  borough  council  for  the 
town  clerk,  and  of  the  metropolitan  borough 
council  for  the  council  of  the  municipal 
borough,  and  as  respects  the  City  of  Lon- 
don, of  the  Secondary  for  the  town  clerk 
and  of  the  common  council  for  the  council 
of  the  municipal  borough. 

Any  registration  expenses  of  a  metro- 
politan borough  council  shall  be  paid  as 
general  expenses  of  the  council,  and  any 
expenses  of  the  common  council  shall  be 
paid  out  of  the  general  rate. 

NOTE. — registration  area. — This  is  defined  in 
sect.  12  (1),  p.  130,  supra. 

The  effect  of  sub-section  (1)  above  is  as  fol- 
lows : — The  registration  officer  for  the  registration 
area  contemplated  by  such  sub-section  is  the  clerk 
of  the  urban  district  council  (d). 

The  registration  expenses  of  the  registration 
officer  shall  be  paid  by  the  urban  district  council 
out  of  the  general  district  rate  (e). 

In  the  event  of  any  vacancy  in  the  office  of 
any  clerk  of  the  urban  district  council  who  is 
registration  officer,  or  in  the  event  of  his  inca- 

(d)  See  sect.  12  (2),  p.  130,  supra. 

(e)  See  sect,  15  (1),  pp.  139,  140,  supra. 


REGISTRATION  OF  FREEMAN.  147 

pacity  to  act,  any  acts  authorised  or  required  to     Sect.  le. 
be  done  by  or  with  respect  to  the  registration 
officer  may  be  done  by  or  with  respect  to  any 
person  temporarily  appointed  in  that  behalf  by 
the  chairman  of  the  council  (/). 

Sect.  16  (1)  does  not  apply  to  Ireland  (g). 

As  to  sub-section  (2),  see  sect.  12  (2),  p.  130, 
supra. 

17. — (1)  A  freeman  of  the  City  of  London,  special  pro- 
being  a  liveryman  of  one  of  the  several  com-  registration 
panies  who  is  entitled  to  be  registered  as  a  &c. 
parliamentary  elector  in  respect  of  a  busi- 
ness premises  qualification  within  the  city, 
shall   be   entitled,    if  he  thinks   fit,  to   be 
entered  in  a  separate  list  of  liverymen  in  the 
register    of  parliamentary  electors,  and   to 
record  his  vote  for  Parliament  as  a  liVery- 
man. 

(2)  The  foregoing  provision  shall  apply  to 
the  freemen  of  any  borough  if  the  council 
of  the  borough  so  resolve,  and  the  expression 
"freemen"  shall  include  any  persons  by  what- 
ever name  called  enjoying  in  that  borough 
rights  similar  to  those  enjoyed  by  freemen 
of  the  city  of  London  in  that  city. 

NOTE. — It  will  be  observed  that  the  right  of  a 
freeman  of  the  City  of  London  to  be  registered 
and  to  vote  is  limited  to  such  freemen  as  are 

(/)  See  sect.  12  (4),  p.  131,  supra, 
(g)  See  sect.  44  (10),  pp.  333,  334,  infra. 
10(2) 


148 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 


Sect.  17.  liverymen  of  one  of  the  several  companies  and 
are  entitled  to  be  registered  as  parliamentary 
electors  in  respect  of  a  business  premises  quali- 
fication (g)  within  the  City. 

It  is  evident,  therefore,  that  no  freeman  who 
is  not  entitled  to  be  registered  as  a  parliamentary 
elector  in  respect  of  a  business  premises  qualifica- 
tion within  the  City  is  entitled  to  be  registered 
or  vote  as  a  liveryman.  The  same  observation 
is  applicable  to  freemen  of  any  borough  under 
sect.  17  (2). 

The  right  to  vote  as  a  freeman  is  alternative  to 
that  of  voting  in  respect  of  a  business  premises 
qualification. 


Compensa- 
tion to  exist- 
ing officers. 


51  &  52  Viet, 
c.  41. 


18.  Every  person  who  is  an  assistant  over- 
seer at  the  time  of  the  passing  of  this  Act, 
and  who  suffers  any  direct  pecuniary  loss  in 
consequence  of  this  Act,  shall  be  entitled  to 
have  compensation  paid  to  him  as  registra- 
tion expenses  by  the  council  responsible  for 
the  payment  of  registration  expenses,  and 
in  determining  such  compensation — 

(a)  regard  shall  be  had  to  the  conditions 
and  other  circumstances  required 
by  sub-section  (1)  of  section  one 
hundred  and  twenty  of  the  Local 
Government  Act,  1888,  in  regard 
to  cases  of  compensation  under  that 
section  ;  and 


(y]  See  pp.  24—37,  supra. 


COMPENSATION  TO  EXISTING  OFFICERS. 

(b)  the  compensation  shall  not  exceed  the    Sect- 18- 

limit  therein  mentioned  ;  and 

(c)  the    expression   in    sub-section  (1)   of 

that  section  "The  Acts  and  rules 
relating  to  Her  Majesty's  Civil  Ser- 
vice "  shall  mean  the  Acts  and  rules 
relating  to  His  Majesty's  Civil  Ser- 
vice which  were  in  operation  at  the 
date  of  the  passing  of  the  Local 
Government  Act,  1888  ;  and 

(d)  the  provisions  of  sub -sections  (2)  to 

(7)  of  the  same  section  shall  apply 
with    such    modifications    (includ- 
ing the  substitution  of  the  "Local 
Government  Board "  for  the  "Trea- 
sury ")  as  may   be   required,   and 
including    in    sub-section   (2)   the 
substitution  of  the   words   "  next 
before   the  thirtieth   day  of  Sep- 
tember, nineteen  hundred  and  four- 
teen "  for  the  words  "  next  before 
the  passing  of  this  Act." 
In  this  section  the  expression  "  assistant 
overseer  "  includes  any  person  executing  any 
of  the  duties  of  overseer,  and  receiving  pay- 
ment therefor. 

NOTE. — direct  pecuniary  loss. — In  interpret- 
ing these  words,  in  view  of  the  later  language 
of  this  section,  regard  must  be  had  to  the  con- 
ditions and  other  circumstances  required  by  sub- 


150  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect,  is.  section  (1)  of  sect.  120  of  the  Local  Government 
"  Act,  1888.  Sub-section  (1)  of  sect.  120  of  the 
last-mentioned  Act,  together  with  sub-sections  (2) 
to  (7)  of  sect.  120,  which  are  referred  to  in  sect. 
18  of  the  present  Act  in  connection  with  the 
compensation  payable  under  this  section,  are  as 
follows : — 

"(1)  Every  existing  officer  declared  by  this 
Act  to  be  entitled  to  compensation,  and  every 
other  existing  officer,  whether  before  mentioned 
in  this  Act  or  not,  who  by  virtue  of  this  Act,  or 
anything  done  in  pursuance  of  or  in  consequence 
of  this  Act,  suffers  any  direct  pecuniary  loss  by 
abolition  of  office  or  by  diminution  or  loss  of  fees 
or  salary,  shall  be  entitled  to  have  compensation 
paid  to  him  for  such  pecuniary  loss  by  the  county 
council,  to  whom  the  powers  of  the  authority, 
whose  officer  he  was,  are  transferred  under  this 
Act,  regard  being  had  to  the  conditions  on  which 
his  appointment  was  made,  to  the  nature  of  his 
office  or  employment,  to  the  duration  of  his  ser- 
vice, to  any  additional  emoluments  which  he 
acquires  by  virtue  of  this  Act  or  of  anything 
done  in  pursuance  of  or  in  consequence  of  this 
Act,  and  to  the  emoluments  which  he  might  have 
acquired  if  he  had  not  refused  to  accept  any  office 
offered  by  any  council  or  other  body  acting  under 
this  Act,  and  to  all  the  other  circumstances  of  the 
case,  and  the  compensation  shall  not  exceed  the 
amount  which,  under  the  Acts  and  rules  relating 
to  Her  Majesty's  Civil  Service  (h),  is  paid  to  a 
person  on  abolition  of  office. 

(/O  See  p.  153,  infra. 


COMPENSATION  TO  EXISTING  OFFICERS.  1 

"(2)  Every  person  who  is  entitled  to  compen-  Sect.  18. 
sation,  as  above  mentioned,  shall  deliver  to  the 
county  council  a  claim  under  his  hand  setting 
forth  the  whole  amount  received  and  expended 
by  him  or  his  predecessors  in  office,  in  every  year 
during  the  period  of  five  years  next  before  the 
passing  of  this  Act,  on  account  of  the  emoluments 
for  which  he  claims  compensation,  distinguishing 
the  offices  in  respect  of  which  the  same  have  been 
received,  and  accompanied  by  a  statutory  de- 
claration under  the  Statutory  Declaration  Act, 
1835,  that  the  same  is  a  true  statement  according 
to  the  best  of  his  knowledge,  information,  and 
belief. 

"  (3)  Such  statement  shall  be  submitted  to  the 
county  council,  who  shall  forthwith  take  the  same 
into  consideration,  and  assess  the  just  amount  of 
compensation  (if  any),  and  shall  forthwith  inform 
the  claimant  of  their  decision. 

u  (4)  If  a  claimant  is  aggrieved  by  the  refusal 
of  the  county  council  to  grant  any  compensation, 
or  by  the  amount  of  the  compensation  assessed, 
or  if  not  less  than  one-third  of  the  members  of 
such  council  subscribe  a  protest  against  the  amount 
of  the  compensation  as  being  excessive,  the  claim- 
ant or  any  subscriber  to  such  protest  (as  the  case 
may  be)  may,  within  three  months  after  the  deci- 
sion of  the  council,  appeal  to  the  Treasury,  who 
shall  consider  the  case  and  determine  whenever 
any  compensation,  and,  if  so,  what  amount  ought 
to  be  granted  to  the  claimant,  and  such  determi- 
nation shall  be  final. 

"(5)  Any  claimant  under   this  section,   if  so 


.REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 

Sect.  18.  required  by  any  member  of  the  county  council, 
shall  attend  at  a  meeting  of  the  council  and 
answer  upon  oath,  which  any  justice  present  may 
administer,  all  questions  asked  by  any  member 
of  the  council  touching  the  matters  set  forth  in 
his  claim,  and  shall  further  produce  all  books, 
papers,  and  documents  in  his  possession  or  under 
his  control  relating  to'  such  claim. 

"(6)  The  sum  payable  as  compensation  to  any 
person  in  pursuance  of  this  section  shall  com- 
mence to  be  payable  at  the  date  fixed  by  the 
council  on  granting  compensation,  or,  in  case  of 
appeal,  by  the  Treasury,  and  shall  be  a  specialty 
debt  due  to  him  from  the  county  council,  and  may 
be  enforced  accordingly  in  like  manner  as  if  the 
council  had  entered  into  a  bond  to  pay  the  same. 

"  (7)  If  a  person  receiving  compensation  in 
pursuance  of  this  section  is  appointed  to  any  office 
under  the  same  or  any  other  county  council,  or 
by  virtue  of  this  Act,  or  anything  done  in  pur- 
suance of  or  in  consequence  of  this  Act,  receives 
any  increase  of  emoluments  of  the  office  held  by 
him,  he  shall  not,  while  receiving  the  emoluments 
of  that  office,  receive  any  greater  amount  of  his 
compensation,  if  any,  than,  with  the  emoluments 
of  the  said  office,  is  equal  to  the  emoluments  for 
which  compensation  was  granted  to  him,  and  if 
the  emoluments  of  the  office  he  holds  are  equal  to 
or  greater  than  the  emoluments  for  which  com- 
pensation was  granted,  his  compensation  shall  be 
suspended  while  he  holds  such  office." 

The  words  in  sub-sect.  (1)  of  sect.  120  set  out 
above,  "  the  Acts  and  rules  relating  to  Her 


REGISTER  FOR  UNIVERSITY  CONSTITUENCIES. 

Majesty's  Civil  Service,"  are,  by  sect.  18  (c)  of  the  Sect,  is. 
present  Act,  to  be  read  as  the  Acts  and  rules 
relating  to  His  Majesty's  Civil  Service  which 
were  in  operation  at  the  date  of  the  passing 
of  the  Local  Government  Act,  1888.  These 
Acts  are  the  Superannuation  Act,  1859,  and  the 
Superannuation  Act,  1884. 

rules  relating  to  His  Majesty's  Civil  Service. 
—It  would  seem  that  these  words  must  refer  to 
the  practice  of  the  Treasury  («')  in  awarding  com- 
pensation in  cases  of  abolition  of  office,  as  there 
is  no  express  power  given  by  any  statute  for  the 
making  of  such  rules  (i).  x 

The  words,  u  next  before  the  passing  of  this 
Act,"  in  sub-sect.  (2)  of  sect.  120  of  the  Local 
Government  Act,  1888,  set  out  above  are,  by 
sect.  18  (d)  of  the  present  Act,  to  be  read  as  "  next 
before  the  30th  day  of  September,  1914,"  and 
the  word  "  Treasury,"  which  occurs  in  sub-sects. 
(4)  and  (6)  of  sect.  120,  set  out  above,  is  to  be 
read  as  "  Local  Government  Board." 

As  to  the  meaning  of  the  expression  "  assistant 
overseer"  in  Ireland,  see  sect.  44  (?)(/). 

19.  The  foregoing  pro  visions  of  this  Part  (#)  Register  for 

.  i      T?  i  •  •  university 

oi  this  Act  shall  not  apply  to  university  con-  constitu- 

enoies. 

stituencies,  but  the  governing  body  of  every 
university  forming,  or  forming  part  of,  a 
university  constituency  shall  cause  a  register 

(t)  As  to  this  practice,  and  the  principles  governing  the  grant  of 
compensation,  see  Encyclopaedia  of  Local  Government  Law,  edited 
by  Joshua  Scholefield,  vol.  II. ,  pp.  304—308,  Butterworth  &  Co. ,  1906. 

(j)  See  p.  332,  infra. 

(k)  i.e.,  Part  II.,  ss.  11—19. 


154  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect  19  to  be  kept  in  such  form  and  made  up,  if 
desired,  to  such  dates  as  they  may  direct,  of 
persons  entitled  to  vote  in  respect  of  a  quali- 
fication at  their  university,  and  shall  make 
the  register  available  for  the  purpose  of  uni- 
versity elections  for  the  constituency,  and 
shall  on  the  application  of  any  person  allow 
that  person  at  all  reasonable  times  to  inspect 
and  take  extracts  from  the  said  register  : 

Provided  that  the  governing  body  may 
direct  that  a  person  who  before  the  passing 
of  this  Act  has  received  a  degree,  but  was 
not  entitled  to  vote  in  respect  thereof,  shall 
have  no  right  to  be  registered  unless  he 
makes  a  claim  for  the  purpose. 

The  governing  body  of  any  such  university 
may  charge  such  fee  as  they  think  fit,  not 
exceeding  one  pound,  in  respect  of  registra- 
tion to  any  person  who  receives  a  degree  at 
their  university  after  the  passing  of  this  Act, 
or  who  has  received  a  degree  before  the  pass- 
ing of  this  Act  but  was  not  entitled  to  vote 
in  respect  thereof. 

NOTE. — University  constituencies. — A  list  of 
university  constituencies  in  Great  Britain  is  given 
in  the  Ninth  Schedule,  Part  III.     See  p.  554,  infra. 
persons  entitled  to  vote  in  respect  of  a  quali- 
fication at  their  university.  —  See   pp.    37 — 40, 
73 — 75,  supra. 
"As  to  the  last  paragraph  in  the  above  section, 


PROPORTIONAL  REPRESENTATION.  155 

it  may  be  pointed  out  that  no  power  is  given  to  Sect.  19. 
the  governing  body  of  a  university  which  does 
not  admit  women  to  degrees,  i.e.  Oxford  or  Cam- 
bridge, to  charge  any  fee  to  women  who  have 
passed  the  final  examination  and  kept  the  neces- 
sary residence  and  who  thereby  qualify  for  the 
franchise  at  such  university  (&). 

The  last  paragraph  of  this  section  does  not 
apply  to  Scotland,  but  by  sect.  43  (15)  special 
provisions  are  substituted  for  it  (/). 


PART  III. 
METHOD  AND  COSTS  OF  ELECTIONS. 

[Sections  20—36.] 
20.  —  (1)  At  a  contested   election   for  a  Proportional 


university  constituency,1  where  there  are  two  i 
or  more  members  to  be  elected,  any  election 
of  the  full  number  of  members  shall  be  ac- 
cording  to  the  principle  of  proportional 
representation,2  each  elector  having  one 
transferable  vote2  as  defined  by  this  Act. 

(2)  —  (a)  His  Majesty  may  appoint  Com- 
missioners to  prepare  as  soon  as  may  be  after 
the  passing  of  this  Act  a  scheme  under  which 
as  nearly  as  possible  one  hundred  members 
shall  be  elected  to  the  House  of  Commons 

1  See  p.  157,  infra.       '-  See  pp.  158—160,  infra. 

(&)  See  sect.  4  (2),  p.  64,  supra. 
(/)  See  pp.  322,  323,  infra. 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

sect.  20.  at  a  general  election  on  the  principle  of  pro- 
portional representation  for  constituencies 
in  Great  Britain  returning  three  or  more 
members. 

(b)  The  number  of  members  of  the  House 
of  Commons  as  fixed  under  this  Act  shall 
not  be  increased  by  any  such  scheme.     For 
the  purpose  of  such  scheme  the  Commis- 
sioners  shall   (after   holding  such  local  in- 
quiries as  they  may  deem  necessary)  combine 
into  single  constituencies,  returning  not  less 
than  three  nor  more  than  seven  members, 
such  of  the  areas  fixed  as  constituencies  in 
the  Ninth  Schedule  to  this  Act  as  they  may 
select,  but  in  selecting  those  areas  they  shall 
have  regard  to  the  advisability  of  applying 
the  principle  of  proportional  representation'2 
both  to  town  and  country. 

(c)  The  scheme  so  prepared  by  the  Com- 
missioners shall  be  laid  before  both  Houses 
of  Parliament,  and  if  both  Houses  by  reso- 
lution adopt  the  scheme,  the  scheme  shall, 
with  any  modifications  or  additions  which 
may  be  agreed  to  by  both  Houses,  take  effect 
as  if  it  were  enacted  in  this  Act,  and  the 
constituencies  fixed  under  the  scheme  shall 
be  substituted,  so  far  as  necessary,  for  the  con- 
stituencies fixed  under  the  Ninth  Schedule 
to  this  Act. 

2  See  pp.  158—160,  infra. 


PROPORTIONAL  REPRESENTATION.  157 

(d)  In  any  such  constituency  any  contested    sect.  20. 
election  of  the  full  number  of  members  shall 

be  according  to  the  principle  of  proportional 
representation,2  each  elector  having  one  trans- 
ferable vote"'  as  defined  by  this  Act. 

(e)  His  Majesty  may  by  Order  in  Council 
make  any  adaptation  of  the  provisions  of 
this  Act  as  to  the  machinery  of  registration 
or  election  which  may  appear  to  him  to  be 
necessary  in  consequence  of  the  adoption  of 
the  scheme. 

(3)  His  Majesty  may  by  Order  in  Council  ss 
frame  regulations  prescribing  the  method  of 
voting,  and  transferring  and  counting  votes, 
at  any  election,  according  to  the  principle  of 
the  transferable  vote2  and  for  adapting  the 
provisions  of  the  Ballot  Act,  1872,  and  any 
other  Act  relating  to  parliamentary  elections 
thereto,  and  with  respect  to  the  duties  of 
returning  officers  in  connection  therewith; 
and  any  such  regulations  shall  have  effect 
as  if  they  were  enacted  in  this  Act. 

(4)  Nothing  contained  in  this  Act  shall, 
except  as  expressly  provided  therein,  affect 
the  method   of    conducting    parliamentary 
elections  in  force  at  the  time  of  the  passing 
of  this  Act. 

NOTE. — As   to   sub-section  (1) — university  con- 

2  See  pp.  158—160,  infra. 


158  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  20.  stituency. — A  list  of  university  constituencies, 
together  with  the  number  of  members  returned 
by  each,  is  given  in  the  Ninth  Schedule,  Part  III., 
p.  554,  infra. 

the  principle  of  proportional  representation.— 
The  object  of  proportional  representation  is  to 
effect  the  representation  of  parties  in  proportion 
to  their  strength  at  the  polls  and  to  secure  the 
adequate  representation  of  minorities.  Of  the 
many  existing  systems  devised  to  achieve  this 
result  that  known  as  the  transferable  vote  has 
been  adopted  in  the  present  Act. 

The  "  transferable  vote"  is  defined  by  sect. 
41  (6)  as  u  a  vote  (a)  capable  of  being  given  so 
as  to  indicate  the  voter's  preference  for  the  can- 
didates in  order ;  and  (b)  capable  of  being  trans- 
ferred to  the  next  choice  when  the  vote  is  not 
required  to  give  a  prior  .choice  the  necessary 
quota  of  votes,  or  when,  owing  to  the  deficiency 
in  the  number  of  the  votes  given  for  a  prior 
choice,  that  choice  is  eliminated  from  the  list  of 
candidates." 

The  transferable  vote  system  is  shortly  ex- 
plained in  the  Report  of  the  Royal  Commission 
on  Systems  of  Election  (published  in  1910)  as 
follows : — 

"  Constituencies  return  several  members. 

"  The  elector  votes  by  placing  the  figure  1 
opposite  the  name  of  the  candidate  he  likes  best, 
and  is  invited  to  place  the  number  2  opposite  the 
name  of  his  second  choice,  the  number  3  opposite 
his  third  choice,  and  so  on,  numbering  as  many 
candidates  as  he  pleases. 


PROPORTIONAL  REPRESENTATION.  159 

"  The  Returning  Officer  ascertains  the  result  of     Sect.  20. 
the  election  as  follows : — 

"  (1}  He  counts  each  ballot  paper  as  one  vote 
to  the  candidate  marked  1  thereon ;  he 
also  counts  the  total  number  of  votes. 

41  (2)  He  ascertains  the  quota.  The  quota  is 
the  smallest  number  which  will  ensure 
the  return  of  a  candidate,  whatever  com- 
bination be  made  of  the  other  votes 
given  in  the  election.  This  figure  will 
be  obtained  by  dividing  the  votes  cast 
by  the  number  of  seats  to  be  filled  plus 
one,  and  adding  one  to  the  result." 
For  example,  in  a  constituency  with  100 
electors  returning  two  members  the  quota 

will  be +  1  =  34,   a  number   which 

£  ~\~  1 

can  only  be  obtained  by  two  candidates. 

41  (3)  He  declares  elected  the  candidates  who 
have  received  the  quota. 

*'  (4)  He  transfers  in  strict  proportions  the 
surplus  votes  of  those  candidates  who 
have  received  more  than  the  quota,  and 
credits  them  to  the  unelected  candidates 
indicated  by  the  figures  2,  3,  and  so  on, 
as  the  next  preferences  of  the  electors 
whose  votes  are  transferred. 

"  (5)  He  declares  elected  those  candidates  who, 
after  the  transfer  of  surplus  votes,  have 
obtained  the  quota. 

"  (6)  He  eliminates  the  candidates  lowest  on 
the  poll  one  after  another  by  transferring 
their  votes  in  accordance  with  the  wishes 


160  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  20.  of   their  supporters   to   the   candidates 

indicated  as  next  preferences.  This 
process  is  continued  until  the  required 
number  of  candidates,  having  each  ob- 
tained the  quota,  have  been  declared 
elected,  or  the  number  of  candidates 
not  eliminated  is  reduced  to  the  number 
of  seats  still  vacant,  in  which  event  the 
candidates  not  eliminated  are  declared 
elected." 

On  pp.  718—736,  infra,  will  be  found  the  "  Draft 
Rules  prescribing  the  method  of  voting  and 
transferring  and  counting  Votes  at  any  election 
according  to  the  principle  of  the  Single  Trans- 
ferable Vote."  These  Draft  Rules  were  presented 
to  Parliament  in  1917  whilst  the  provisions  of 
the  present  Act  were  under  discussion  in  the 
House  of  Commons,  and  although  they  have  no 
statutory  force,  they  explain  in  detail  the  working 
of  the  system  of  the  transferable  vote. 

The  Draft  Rules  were  intended  to  apply  only 
to  constituencies  other  than  university  constitu- 
encies, so  that  in  considering  them  in  relation  to 
sub-section  (1)  they  will  require  modification. 
It  is  nevertheless  thought  that  they  may  be  use- 
fully referred  to  as  explaining  the  application  of 
the  system  of  the  transferable  vote. 

As  to  sub-section  (2). — The  scheme  mentioned  in 
sub-section  (2)  (a),  (b)  and  (c),  was  in  accordance 
with  the  provisions  of  sub-section  (2)  (c)  laid 
before  Parliament,  but  was,  on  May  13th,  1918, 
rejected  by  the  House  of  Commons.  With  the 


POLLS  TO  BE  ON  ONE  DAY  AT  GENERAL  ELECTION.  161 

exception,   therefore,   of   contested   elections  for    Sect.  20. 
university    constituencies,    no    elections   will   be 
held  according  to  the  principle  of  proportional 
representation. 

As  to  tub-section  (3).  —  The  Order  in  Council 
there  referred  to  has  not,  at  the  time  of  going  to 
press,  been  made. 


21.  —  (1)  At  a  general   election  all  polls  Poiis  to  be 
shall  be  held  on  one  day,  and  the  day  fixed  day  a°tna°n< 


for  receiving  nominations  shall  be  the  same         n,  &c. 
in   all   constituencies,   and  accordingly  the 
First  Schedule  to  the  Ballot  Act,  1872,  shall 
be  modified  as  shown  in  Part  I.  of  the  Second 
Schedule  to  this  Act. 

In  the  case  of  a  bye-election,  the  poll 
shall  take  place  on  such  day  as  the  returning 
officer  may  appoint,  not  being  less  than  four 
or  more  than  eight  clear  days  after  the  day 
fixed  for  nomination,  and  the  First  Schedule 
to  the  Ballot  Act,  1872,  shall  be  modified 
accordingly. 

(2)  Official  telegraphic  information  of 
the  writ  having  been  issued  for  a  parliamen- 
tary election  may  be  given  in  such  cases  and 
by  such  persons  as  may  be  directed  by  His 
Majesty  in  Council,  and  any  steps  for  hold- 
ing an  election  which  may  be  taken  on  or 
after  the  receipt  of  the  writ  may  be  taken 

F.  11 


162  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

sect.  21.    on  or  after  the  receipt  of  an  official  telegraphic 
intimation  of  the  writ  having  been  issued. 

(3)  The  time  appointed  for  the  meeting 
of  the  Parliament  may  be  any  time  not  less 
than  twenty  clear  days  after  the  proclamation 

is  &  ic  vict  summoning  the  Parliament ;  and  the  Meet- 
ing of  Parliament  Act,  1852,  is  hereby  re- 
pealed. 

(4)  Nothing  in  this  section  shall— 

(a)  affect  the  provisions  of  section  one 

of  the  Ballot  Act,  1872,  relating 
to  the  commencement  afresh  of 
the  proceedings  with  relation  to 
the  election  on  the  death  of  a 
candidate,  or  apply  to  proceed- 
ings so  commenced  afresh ;  or 

(b)  apply  to  a  university  election. 

NOTE. — the  day  fixed  for  receiving  nomi- 
nations.— As  to  this,  see  pp.  179,  180,  infra. 

the  First  Schedule  to  the  Ballot  Act,  1872, 
shall  be  modified  as  shown  in  Part  I.  of  the 
Second  Schedule  to  this  Act. — The  First  Sche- 
dule of  the  Ballot  Act  is  set  out  on  pp.  682 — 695, 
infra.  Part  I.  of  the  Second  Schedule  to  the 
present  Act  is  as  follows : — 

"  The  following  provisions  shall  be  inserted  in 
the  First  Schedule  to  the  Ballot  Act,  1872,  after 
Rules  2  and  14  respectively,  that  is  to  say: — 

4  2A.  In  an  election  of  members  to  serve  in  a 
new  Parliament  of  the  United  King- 


POLLS  TO  BE  ON  ONE  DAY  AT  GENERAL  ELECTION.  163 

dom  the  day  fixed  by  the  returning  Sect.  ai. 
officer  for  the  election  [i.e.,  where 
the  election  is  contested,  the  day  of 
nomination  (k)  ]  shall  in  all  cases  be 
the  eighth  day  after  the  date  of  His 
Majesty's  gracious  Proclamation  de- 
claring the  calling  of  the  Parliament.' 
'  14A.  In  an  election  of  members  to  serve  in  a 
new  Parliament  of  the  United  King- 
dom, the  day  appointed  by  the  re- 
turning officer  for  the  poll  (/)  shall  in 
all  cases  be  the  ninth  day  after  the 
day  fixed  for  the  election. J ' 

As  to  the  second  paragraph  of  sub-section  (1)  of 
sect.  2 1  set  out  above,  the  part  of  the  First  Schedule 
to  the  Ballot  Act,  1872,  which  is  modified  by  such 
second  paragraph  is  Rule  14  (m)  of  Part  I.  of  such 
Schedule,  which  deals  with  the  day  on  which  the 
poll  shall  take  place. 

As  to  the  words  in  tub-section  (2),  any  steps  for 
holding  an  election  which  may  be  taken  on  or 
after  the  receipt  of  the  writ,  see  pp.  179,  180, 
infra,  and  Ballot  Act,  First  Schedule,  Rules 
1— 13(»). 

As  to  the  words  in  sub-section  (4),  the  provisions 
of  section  one  of  the  Ballot  Act,  1872,  relating 
to  the  commencement  afresh  of  the  proceedings 
with  relation  to  the  election  on  the  death  of  a 

(k}  As  to  this,  see  p.  179,  infra. 

(1}  As  to  "  the  day  appointed  for  the  poll,"  see  p.  179,  infra, 
(m)  Set  out  on  p.  685,  infra. 
(»j  Set  out  on  pp.  682—684,  infra. 
11  (<!) 


164 

Sect.  21. 


Penalty  for 
voting  at  a 
general  elec- 
tion in  more 
constitu- 
encies than 
allowed. 
46  &  47  Viet, 
c.  51. 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

candidate,  see  pp.  672,  673,  infra,  where  sect.  1  of 
the  Ballot  Act  is  set  out. 

As   to   a   university  election,   see   pp.  279— 
281,  infra. 

22. — (1)  If  any  person  at  a  general  elec- 
tion votes  for  more  constituencies  than  he  is 
entitled  to  vote  for  in  accordance  with  this 
Act,1  or  asks  for  a  ballot  or  voting  paper  for 
the  purpose  of  so  voting,  he  shall  be  guilty 
of  an  illegal  practice  within  the  meaning  of 
the  Corrupt  and  Illegal  Practices  Prevention 
Act,  18832;  and  the  expression  "illegal 
practice  "'  shall  be  construed  accordingly  : 
Provided  that — 

(a)  the  court   before    whom  a  person  is 

convicted  under  this  section  may,  if 
they  think  it  just  in  the  special 
circumstances  of  the  case,  mitigate 
or  entirely  remit  any  incapacity 
imposed  by  section  ten  of  the  Cor- 
rupt and  Illegal  Practices  Preven- 
tion Act,  1883 3;  and 

(b)  the  fact  that  any  person  has  asked  for 

a  ballot  paper  in  a  constituency  in 
circumstances  which  entitle  him 
only  to  mark  a  tendered  ballot  paper 
in  pursuance  of  Rule  27  of  the  First 

1  See  p.  166,  infra.       *  See  p.  166,  infra. 
3  See  p.  166,  infra. 


PENALTY  FOR  VOTING  TOO  OFTEN.  165 

Part  of  the  First  Schedule  to  the  sect.  22. 
Ballot  Act,  1872,4  shall  not,  if  he 
does  not  exercise  that  right,5  pre- 
vent his  voting  or  asking  for  a  ballot 
or  voting  paper  in  another  constitu- 
ency; and 

(c)  the  giving  of  a  vote  by  a  returning 
officer  in  pursuance  of  section  two 
of  the  Ballot  Act,  1872,6  in  the  case 
of  an  equality  of  votes,  or  the  ask- 
ing for  a  ballot  paper  for  the  purpose 
of  so  voting,  shall  not,  for  the  pur- 
poses of  this  section,  be  deemed  to 
be  the  giving  of  a  vote  as  a  parlia- 
mentary elector,  or  the  asking  for 
a  ballot  paper  for  the  purpose  of 
so  voting. 

(2)  The  questions  set  out  in  Part  II.  of 
the  Second  Schedule  to  this  Act  may  be 
asked  of  any  voter  at  a  poll  at  a  general 
election  in  addition  to  those  authorised 
already  to  be  asked 7 ;  and  unless  there  is  an 
answer  given  in  the  negative,  that  person 
(except  as  provided  in  that  Schedule)  shall 
not  vote.8 

NOTE. — ,4s  to  the  words  in  sub-section  (1),  if  any 
person  at  a  general  election  votes  for  more 
constituencies  than  he  is  entitled  to  vote  for  in 

4  See  p.  166,  infra.  '  See  pp.  167—172,  infra. 

5  See  p.  166,  infra.  8  See  p.  172,  infra. 

6  See  p.  167,  infra. 


166  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

sect.  2fl.  accordance  with  this  Act. — As  to  the  number 
of  votes  which  a  person  is  entitled  to  give  at  a 
general  election,  see  pp.  108 — 110,  supra. 

an  illegal  practice  within  the  meaning  of  the 
Corrupt  and  Illegal  Practices  Prevention  Act, 
1883. — Under  the  last-mentioned  Act  the  effect 
of  the  commission  by  any  person  of  an  illegal 
practice  is  that  such  person  is,  on  summary  con- 
viction, liable  to  a  fine  not  exceeding  100/.,  and 
is  incapable  during  a  period  of  five  years  from 
the  date  of  his  conviction  of  being  registered  as 
a  parliamentary  or  local  government  elector,  or 
of  voting  at  any  parliamentary  or  local  govern- 
ment election  held  for  or  within  the  county  or 
borough  in  which  the  illegal  practice  was  com- 
mitted (m). 

As  to  the  words  in  sub-section  (1)  (a),  any  in- 
capacity imposed  by  section  ten  of  the  Corrupt 
and  Illegal  Practices  Prevention  Act,  1883.— 
The  incapacity  here  referred  to  is  that  just 
mentioned. 

As  to  the  words  in  sub-section  (!)  (b),  circum- 
stances which  entitle  him  only  to  mark  a 
tendered  ballot  paper  in  pursuance  of  Rule  27 
of  the  First  Part  of  the  First  Schedule  to  the 
Ballot  Act,  1872. — As  to  this,  see  Rule  27  set  out 
on  pp.  686,  687,  infra. 

if  he  does  not  exercise  that  right — i.e.  if  being 
entitled  only  to  mark  a  tendered  ballot  paper  he 
(or  she)  does  not  mark  it  or  give  it  to  the  pre- 
siding officer. 

As  to  the  words  in  sub-section  (1)  (c),  the  giving 

(m)  Corrupt  and  Illegal  Practices  Prevention  Act,  1883,  SB.  10,  64. 


QUESTIONS  AT  POLL.  1< 

of  a  vote  by  a  returning  officer  in  pursuance    Sect  22 
of  section  two  of  the  Ballot  Act,  1872.— That  " 
part  of  sect.   2   of   the  Ballot  Act  which  deals 
with  this  matter  is  as  follows :  — 

"  Where  an  equality  of  votes  is  found  to  exist 
between  any  candidates  at  an  election  for  a 
county  or  borough,  and  the  addition  of  a  vote 
would  entitle  any  of  such  candidates  to  be  de- 
clared elected,  the  returning  officer,  if  a  registered 
elector  of  such  county  or  borough,  may  give  such 
additional  vote,  but  shall  not  in  any  other  case 
be  entitled  to  vote  at  an  election  for  which  he  is 
returning  officer." 

.4*  to  the  words  in  sub-section  (2),  The  questions 
set  out  in  Part  II.  of  the  Second  Schedule  to 
this  Act  may  be  asked  of  any  voter  at  a  poll 
at  a  general  election  in  addition  to  those  already 
authorised  to  be  asked. — The  following  are  the 
questions  set  out  in  Part  II.  of  the  Second 
Schedule  (ri)  to  the  present  Act : — 

"  1.  In  the  case  of  a  man  voting  in  respect  of 
a  residence  qualification — 

Have  you  already  voted  at  this  general 
election  in  respect  of  a  residence  qualifica- 
tion? 

"  2.  In  the  case  of  a  man  voting  in  respect  of 
a  qualification  other  than  a  residence  qualifica- 
tion— 

Have  you  already  voted  at  this  general 
election  in  respect  of  a  qualification  other 
than  a  residence  qualification  ? 

(n)  See  p.  358,  infra. 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

22.         "  3.  In  the  case  of  a  woman  voting  at  an  elec- 
tion other  than  a  university  election — 

Have   you  already  voted  at  this  general 
election  ? 

[NOTE. — Unless  the  answer  to  the  ques- 
tion is  in  the  negative  the  woman  shall 
not  vote  unless  she  satisfies  the  presiding 
officer  that  her  previous  vote  was  given  at 
a  university  election.]  " 

The  questions  "  already  authorised  to  be  asked" 
are  as  follows : — 

lt  1.  Are  you  the  same  person  whose  name  ap- 
pears as  A.  B.  on  the  register  of  voters  now  in 
force  for  the  county  of  [or  for  the 

riding,  parts,  or  division  of  the  county  of 

],  or  for  the  city  [or  borough]  of  [as 

the  case  may  be~\  ? 

"  2.  Have  you  already  voted,  either  here  or  else- 
where, at  this  election  for  the  county  of  [or 
for  the  riding,  parts,  or  division  of 
the  county  of  ],  or  for  the  city  [or  borough] 
of  [as  the  case  may  le~\  ?  "  ( p). 

If  any  person  wilfully  makes  a  false  answer  to 
either  of  these  last  two  questions  he  is  guilty  of  a 
misdemeanour,  and  shall  and  may  be  indicted 
and  punished  accordingly  (q) :  and  the  returning 
officer  or  his  deputy  shall,  if  required  on  behalf 
of  any  candidate  at  the  time  of  polling,  administer 
an  oath  to  any  voter  in  the  following  form  (q) : — 
"  You  do  swear  [or  affirm,  as  the  case  may  be], 
That  you  are  the  same  person  whose  name  ap- 

(p)  Parliamentary  Voters  Registration  Act,  1843,  e.  81. 
Ibid. 


QUESTIONS  AT  POLL.  169 

pears  as  A.  B.  on  the  register  of  voters  now  in    Sect.  22 
force  for  the  county  of  [or  for  the 

riding,    parts,    or  division    of    the    county 

of  ~]  or  for  the  city  or  borough  of  [as 

the  case  may  be],  and  that  you  have  not  before 
voted,  either  here  or  elsewhere,  at  the  present 
election  for  the  county  of  [or  for  the 

riding,   parts  or  division  of  the  county  of 

]  or  for  the  city  or  borough  of  [_as 

the  case  may  be].  So  help  you  God." 

The  present  Act  does  not  provide  for  any  penalty 
in  the  case  of  a  false  answer  to  any  of  the  ques- 
tions set  out  in  Part  II.  of  the  Second  Schedule 
to  the  present  Act  or  for  any  oath  to  be  ad- 
ministered by  the  returning  officer,  but  any  per- 
son who  answered  these  questions  falsely  and 
proceeded  to  vote  would  come  within  sect.  22  (1) 
of  the  present  Act  and  would  therefore  be  guilty 
of  an  illegal  practice. 

The  meaning  of  the  first  of  the  above  questions 
under  the  heading  of  questions  "  already  authorised 
to  be  asked,"  and  of  the  corresponding  clause  in 
the  oath,  is  not  whether  the  person  tendering  his 
vote  is  rightly  named  in  the  register  as  A.  B.,  but 
whether  he  is  the  person  whom  the  name  A.  B. 
was  intended  to  designate  there,  so  that  George 
Jones,  if  entered  in  the  register  as  John  Jones, 
would  be  entitled  to  answer  "Yes"  to  the  ques- 
tion, whilst  anyone  else,  though  actually  named 
John  Jones,  if  he  did  so  would  be  guilty  of  a 
misdemeanour  (r). 

(r)  R.  v.  Thwaites  (1853),  1  E.  &  B.  704.     See  also  First  Schedule, 
Rule  41,  p.  353,  infra. 


170  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  28.  Thus  in  New  Sarum(s\  William  Morris  was 
entered  on  the  register  as  John  Morris.  He 
stated  at  the  poll  that  his  name  was  William 
Morris,  and  the  returning  officer  rejected  his 
vote  on  the  ground  that  his  name  was  not  on  the 
register,  but  on  appeal  the  Committee  directed  it 
to  be  added  to  the  poll. 

The  questions  must  be  put  precisely  in  the 
form  prescribed  and  no  vote  can  be  rejected 
unless  they  have  been  so  put(^). 

The  answers  must  be  positive  and  unequivocal. 
Therefore,  if  a  voter,  instead  of  answering  u  I 
am,"  or,  "I  have  not,"  or  words  to  the  same 
effect,  should  say  to  the  first  question,  "  I  think 
so,"  or,  "I  should  say  I  am"  ;  or  to  the  second 
question,  "  I  don't  think  I  have,"  or,  u  If  I  did  I 
should  not  come  here,"  or  give  any  similarly 
evasive  answer,  the  presiding  officer  (u)  would  be 
j  ustified  in  refusing  to  give  him  a  ballot  paper  (x). 

Where  a  voter  to  whom  the  questions,  with  or 
without  the  oath,  are  put,  then  declines  to  answer, 
but  subsequently  presents  himself  to  vote  and 
offers  to  answer  the  questions  and  take  the  oath 
if  required,  the  better  opinion  seems  to  be  that 
the  presiding  officer  ought  to  repeat  the  questions, 
or  administer  the  oath,  with  a  view  to  allowing 
him  to  vote  (y). 

(«)  (1833),  P.  &  K.  261  ;  see  also  Oldham  (1869),  1  O.  &  H.  152, 
153. 

(t)  Canterbury  (1835),  K.  &  0.  323,  326,  327. 

(u)  See  Ballot  Act,  1872,  First  Schedule,  Part  I.,  Rule  21,  p.  685, 
infra. 

(x)  Monmouth,  K.  &  0.  414;   Taunton,  Faulk.  &  Fitzh.  503. 

(y)  Gloucestershire  (1777),  Male  on  Elections,  113. 


QUESTIONS  AT  POLL.  171 

Although  they  relate  only  to  the  questions  Sect.  22. 
"  already  authorised  to  be  asked,"  it  is  submitted 
that  the  decisions  just  referred  to  as  to  the  neces- 
sity for  the  questions  being  put  precisely  and  for 
the  answers  to  be  positive,  and  as  to  the  repetition 
of  the  questions  at  a  later  time  when  the  voter  in 
the  first  instance  declines  to  answer,  would  be 
held  to  apply  equally  with  respect  to  the  ques- 
tions (z)  set  out  in  Part  II.  of  the  Second  Schedule 
to  the  present  Act. 

There  is  no  duty  laid  on  the  presiding  officer 
to  put  any  of  the  questions  set  out  above  to  every 
voter  who  presents  himself  in  the  polling-booth, 
but  by  sect.  81  of  the  Parliamentary  Voters 
Registration  Act,  1843,  "the  returning  officer  or 
his  respective  deputy  shall,  if  required  on  behalf 
of  any  candidate,  put  to  any  voter  at  the  time  of 
his  tendering  his  vote,  and  not  afterwards,"  the 
questions  set  out  above  (2)  under  the  head  of  ques- 
tions "  already  authorised  to  be  asked  "  or  either 
of  them.  It  is  clear  from  the  language  of  sect. 
22  (2)  of  the  present  Act  that  this  provision 
in  sect.  81  of  the  Parliamentary  Voters  Registra- 
tion Act,  1843,  is  intended  to  apply  to  the 
additional  questions  set  out  in  Part  II.  of  the 
Second  Schedule  to  the  present  Act.  The  putting 
of  these  questions  is  the  only  inquiry  permitted 
at  the  time  of  polling  as  to  the  right  of  any 
person  to  vote(«). 

and  unless  there  is  an  answer  given  in  the 
negative,  that  person  (except  as  provided  in 

(z)  See  pp.  167,  168,  supra. 

(a)  Parliamentary  Voters  Eegistration  Act,  1843,  s.  81. 


72  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  22.  that  Schedule)  shall  not  vote. — As  to  the  neces- 
sity for  the  answer  being  positive  and  unequivocal, 
see  the  observations  just  made  on  p.  170,  supra, 
under  the  preceding  words  of  sect.  22  (2).  The 
words  u  except  as  provided  in  that  Schedule" 
refer  to  the  Note  to  question  3,  which  is  set  out 
on  p.  168,  supra. 

Sect.  22  applies  to  university  elections  (b)  with 
the  modifications  required  by  sect.  36  (3)  (a)  (c). 
But  the  provisions  of  sect.  22  (2)  as  to  "  the  ques- 
tions authorised  already  to  be  asked"  have  no 
application  to  university  elections,  as  those  ques- 
tions relate  only  to  county  or  borough  elections  (d). 
Further,  by  sect.  36  (1)  the  provisions  contained 
in  the  Fifth  Schedule  to  the  present  Act  apply  to 
university  elections,  and  by  such  Schedule  (e)  the 
voting  paper  is  to  be  in  a  specified  form,  which 
contains  the  declarations  set  out  in  Part  II.  of  the 
Second  Schedule  (/),  such  declaration  being  equi- 
valent, in  the  case  of  university  elections,  to  the 
questions  set  out  in  Part  II.  of  the  Second 
Schedule  (/). 


(ft)  See  sect.  36  (2),  p.  279,  infra. 

(c)  See  pp.  279,  280,  infra. 

(d)  It  is  submitted  that  the  words  "  city  "  or  4i  borough  "  in  the 
questions  prescribed  by  the  Parliamentary  Voters  Registration  Act, 
1843  (set  out  at  p.  168,  supra},  do  not  include  a  university  constitu- 
ency, as  sect.  101  of  that  Act,  which  defines  "  city  or  borough" 
as  "any  city,  borough,  town  corporate,  cinque  port,  district  or 
place  .  .  .  ,"  is  repealed  by  the  present  Act. 

(e)  See  Fifth  Schedule,  Part  I.,  cl.  11,  set  out  at  p.  366,  infra, 
and  form  of  voting  paper  set  out  at  p.  372.  infra  ;  as  to  Scottish 
universities,  see  Part  II.  of  the  same  Schedule,  cl.  17,  set  out  at 
pp.  375,  376,  infra,  and  form  of  voting  paper  set  out  at  p.  383,  infra. 

(/)  See  p,  358,  infra. 


VOTING  BY  ABSENT  VOTERS. 

23. — (1)  For  the  purpose  of  giving  per- 
sons  whose  names  are  entered  on  the  absent  voting  by 

absent  voter*. 

voters  list1  an  opportunity  of  voting  at  a  par- 
liamentary election  (other  than  a  university 
election),  the  returning  officer  shall,  where 
an  election  is  contested,  as  soon  as  practi- 
cable after  the  adjournment  of  the  election,2 
send  a  ballot  paper  to  each  such  person  at 
the  address  recorded  by  the  registration 
officer,3  together  with  a  declaration  of  iden- 
tity in  the  prescribed  form.4 

(2)  The  ballot  paper  marked  by  the  absent 
voter5  and  accompanied  by  the  declaration 
of  identity6  duly  signed  and  authenticated 
shall,  if  it  is  received  by  the  returning  officer 
before  the  close  of  the  poll,7  be  counted  by 
him  and  treated  for  all  purposes  in  the  same 
manner  as  a  ballot  paper  placed  in  the  ballot 
box  in  the  ordinary  manner.8 

(3)  During  the  continuance  of  the  present 
war  and  a  period  of  twelve  months  there- 
after, for  the  purpose  of  allowing  more  time 
for  the  receipt  of  ballot  papers  from  persons 
whose  names   are   entered   on   the    absent 
voters  list,  His  Majesty  may  by  Order  in 
Council9  direct  that  the  counting  of  votes  at 


1  See  pp.  177,  178,  infra.  7  See  p.  182,  infra. 

2  See  pp.  178—180,  infra.  8  See  pp.  182—200,  infra. 

3  See  p.  180,  infra.  9  This  Order  in  Council  has 

4  See  p.  181,  infra.  not,    at  the   date  of    going  to 

5  See  pp.  181,  182,  infra.  press,  been  made. 

6  See  p.  181,  infra. 


174  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

sect,  23.  any  elections  to  which  the  Order  applies  shall, 
instead  of  taking  place  as  soon  as  practicable 
after  the  close  of  the  poll,  take  place  at  such 
time  (not  exceeding  eight  days  after  the 
close  of  the  poll)  as  may  be  fixed  by  the 
Order,  and  returning  officers  shall  comply 
with  any  such  direction ;  and  in  any  such 
case  any  vote  received  by  the  returning 
officer  from  an  absent  voter  before  the  time 
at  which  the  votes  are  to  be  counted  shall 
be  reckoned  in  the  count. 

4 )  The  following  special  provisions10  shall 
apply  for  the  purpose  of  enabling  persons 
whose  names  are  entered  on  the  absent  voters 
list  to  appoint  voting  proxies  in  certain 
cases : — 

(a)  His  Majesty  may  by  Order  in  Council11 
direct  that  voting  by  proxy  by  naval 
or  military  voters  shall  be  permitted 
in  any  area  on  land  abroad  men- 
tioned in  the  Order  if  it  appears 
to  him  that  ballot  papers  sent  to 
that  area  by  post  cannot  reasonably 
be  returned  before  the  votes  are 
counted,  and  that  the  case  cannot 
be  met  by  an  Order  under  this 
section  postponing  the  counting  of 
votes  :12 

10  See  pp.  200—202,  infra. 

11  This  Order  in  Council  will  be  found  on  p.  753,  infra. 

12  See  pp.  200,  201,  infra. 


VOTING  BY  ABSENT  VOTERS.  175 

(b)  A  person  whose  name  is  entered  on    Sect>  88 

the  absent  voters  list,  if  he  satisfies 
the  registration  officer — 

(i)  that  he  is  a  naval  or  mili- 
tary voter  and  is  serving,  or  about 
to  serve,  afloat  or  in  any  area  on 
land  abroad  in  which  voting  by 
proxy  is  permitted  in  pursuance 
of  an  Order  in  Council  made 
under  this  section13 ;  or 

(ii)  that  he  is  a  merchant  sea- 
man, pilot,  or  fisherman  (includ- 
ing  the   master  of  a  merchant 
ship  or  fishing  boat  and  an  ap- 
prentice on  such  a  ship  or  boat) 
and  that  there  is  a  likelihood  that 
he  will  be  at  the  time  of  a  par- 
liamentary  election    at    sea    or 
about  to  go  to  sea13 ; 
shall  be  entitled,  if  he  so  desires,  to 
appoint  a  proxy,  and,  having  ap- 
pointed a  proxy,  to  vote  by  proxy 
at  a  parliamentary  election  in  ac- 
cordance with  and  subject  to  the 
provisions  of  this  Act14 : 

(c)  No  ballot  paper  shall  be  sent  for  the 

purpose  of  voting  by  post  to  a  per- 
son who  has  appointed  a  proxy 
under  this  provision  while  the  ap- 

13  See  p.  201,  infra.          u  See  p.  202,  infra. 


176  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

^  poiiitment  is  in  force,  or   to  any 

naval  or  military  voter  if  the  return- 
ing officer  knows  that  he  is  serving 
in  an  area  in  which  voting  by  proxy 
is  permitted  in  pursuance  of  an 
Order  in  Council  made  under  this 
section15 : 

(d)  The  provisions  set  out  in  the  Third 
Schedule  to  this  Act  shall  have 
effect  with  respect  to  voting  by 
proxy.15 

(5)  A  person  whose  name  is  entered  on 
the  absent  voters  list  shall  not  be  entitled 
to  vote  except  as  an  absent  voter  in  pursu- 
ance of  this  section.16 

(6)  His  Majesty  may  by  Order  in  Council17 
prescribe  the  forms  to  be  used  for  the  pur- 
poses of  this  section,  and  make  regulations 
as  to  the  mode  in  which  proxy  papers  may 
be  issued  and  cancelled  and  in  which  ballot 
papers  are  to  be  sent  to  the  voter  for  the 
purpose  of  voting  by  post  and   as  to   the 
authentication  of  any  marked  ballot  papers, 
and  generally  for  the  purpose  of  carrying 
this  section  into  effect  and  for  preserving 
the  secrecy  of  voting  in  pursuance  thereof.18 

NOTE. — This  section  provides  for  the  method 

15  See  p.  202,  infra.  18  See  pp.  202,  203,  infra. 

17  This  Order  will  be  found  011  p.  754   et  seq. 

18  See  p.  203,  infra. 


ABSENT  VOTERS  LIST.  177 

of  voting  by  absent  voters  at  parliamentary  elec-     Sect.  23. 
tions  other  than  university  elections  (c). 

As  to  sufr-sectwn  (1). — By  sect.  13  (1)  of  the 
present  Act  "it  shall  be  the  duty  of  the  regis- 
tration officer  ...  to  place  or  cause  to  be  placed 
on  the  register  in  accordance  with  the  rules  set 
out  in  the  First  Schedule  to  this  Act  the  names 
of  those  entitled  to  vote  as  parliamentary  electors 
...  in  his  registration  area." 

The  rules  in  the  First  Schedule  bearing  directly 
011  the  provisions  of  sect.  23  (1)  are  rules  16  and 
17  (J),  which  are  as  follows  : — 

"16.  Any  person  entitled  to  be  registered  as 
a  parliamentary  elector  may,  not  later  than  the 
eighteenth  day  of  February  (e)  where  the  claim  is 
for  the  spring  register  (/),  and  the  eighteenth  day 
of  August  (e)  where  the  claim  is  for  the  autumn 
register  (g),  claim  to  be  placed  on  the  absent 
voters  list;  and  the  registration  officer,  if  satis- 
fied that  there  is  a  probability  that  the  claimant, 
by  reason  of  the  nature  of  his  occupation,  service, 
or  employment,  may  be  debarred  from  voting 
at  a  poll  at  parliamentary  elections  held  during 

(c]  As  to  voting  by  absent  voters  at  university  elections  other 
than  Scottish  university  elections,  see  sect.  36  (1)  and  (3)  (b),  and 
Fifth  Schedule,  Part  I.,  cl.   12;    as  to  such  voting  at  Scottish 
university  elections,  see  sect.  36  (1)  and  (3)  (b)  and  Fifth  Schedule, 
Part  II.,  cl.  17—23. 

(d]  See  also  rules  18  and  19  set  out  on  p.  346,  infra. 

(e]  It  is  important  to  notice  that  as  regards  the  first  register  to 
be  prepared  under  »the  Act,  3 1st  July  is  substitued  for  this  date. 
See  Order  in  Council,  dated  June  4th,  1918,  rule  6,  p.  749,  and 
Fifth  Schedule,  p.  752,  infra. 

(/)  See  pp.  125—129,  supra, 
(g]  See  pp.  125—129,  mpra. 

F.  12 


178  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  23.     the  time  the  register  is  in  force,  shall  place  the 
claimant  (if  registered)  on  the  absent  voters  list. 

"  17.  It  shall  be  the  duty  of  the  registration 
officer,  without  any  claim  being  made  for  the 
purpose,  to  place  on  the  absent  voters  list  any 
naval  or  military  voter  (0),  unless — 

(a)  that  person,  not  later  than  the  eighteenth 

day  of  February  (k)  as  respects  the  spring 
register,  and  the  eighteenth  day  of  Au- 
gust (k)  as  respects  the  autumn  register, 
gives  notice  (I)  to  the  registration  officer 
that  he  does  not  desire  to  be  placed  upon 
that  list ;  or 

(b)  that  person  is  registered,  in  pursuance  of  a 

claim  (m)  for  the  purpose,  for  the  con- 
stituency in  which  he  has  an  actual 
residence  qualification  "  (n). 

It  will  be  seen  from  the  above  rules  that  the 
persons  whose  names  are  entered  on  the  absent 
voters  list  will  be  (i)  any  person  entitled  to  be 
registered  as  a  parliamentary  elector  who  claims 
to  be  placed  on  the  absent  voters  list  and  whose 
claim  the  registration  officer  allows ;  and  (ii)  any 
person  who  being  a  naval  or  military  voter  (0) 
does  not  fall  within  the  exceptions  mentioned  in 
rule  17  (a)  and  (b). 

As  to  the  words  in  sub-section  (1),  where  an 

(k)  As  regards  the  first  register,  17th  August  is  substituted  for 
this  date.  See  p.  177,  footnote  (e),  supra. 

(1}  No  form  of  notice  is  prescribed. 

(771)  See  p.  569,  infra. 

(n)  See  pp.  91—93,  supr-i. 

(o)  As  to  what  constitutes  a  naval  or  military  voter,  see  pp.  79— 
85,  supra. 


MEANING  OF  u  DAY  OF  ELECTION."  179 

election  is  contested,  as  soon  as  practicable  after    sect.  23. 

the  adjournment  of  the  election. — It  is  of  course 

only  where  an  election  is  contested  that  sect.  23 

is  applicable ;  but  in  order  to  render  the  meaning 

of  this  sub-section  clear  it  is  thought  desirable  to 

state  shortly  the  duty  of   the   returning   officer 

with  respect  to  the  fixing  of  the  day  of  election, 

and,  if   the   election   be   contested,    the   day  of 

taking  the  poll. 

The  expression  "  day  of  election  "  in  the  Ballot 
Act,  1872,  really  means  the  day  appointed  for 
the  nomination  of  candidates  (p).  In  the  event 
of  there  not  being  more  candidates  than  there 
are  vacancies,  such  candidates  are  on  such  day 
declared  elected  (q).  If,  on  the  other  hand,  there 
are  more  candidates  than  there  are  vacancies, 
i.e.  if  the  election  is  contested,  it  is  the  duty  of 
the  returning  officer  to  adjourn  the  election  for 
the  purpose  of  taking  a  poll  (r).  The  day  of 
election  in  its  popular  sense  is  therefore  the  day 
upon  which  the  poll  is  taken  (which  in  this  Note 
is  hereafter  called  the  day  of  the  poll),  and  not 
"  the  day  of  election  "  as  used  in  the  Ballot  Act. 

The  "  day  of  election "  in  the  sense  which  it 
bears  in  the  Ballot  Act  (i.e.,  the  day  fixed  for  re- 
ceiving nominations)  is  now,  at  a  general  election, 
in  all  constituencies  other  than  university  constitu- 
encies, the  eighth  day  after  the  date  of  the  procla- 

(/>)  Ballot  Act,  1872,  s.  1,  and  First  Schedule,  Part  L,  rr.  1,  2 ; 
and  see  sect.  21  (1)  of  the  present  Act  (p.  161,  supra],  where  what 
is  called  in  the  Ballot  Act  "  day  of  election  "  is  described  as  above. 

(q)  Ballot  Act,  1872,  s.  1. 

(r)  Ibid.,  and  First  Schedule,  Part  I.,  r.  9. 

12(2) 


180  .  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  23.  mation  declaring  the  calling  of  the  new  Parliament. 
The  day  of  the  poll  is  now,  at  a  general  election, 
the  ninth  day  after  the  "  day  of  election"  (s). 

At  a  bye-election,  the  "day  of  election"  is,  in 
the  case  of  an  election  for  a  county,  such  day  as 
the  returning  officer  may  fix,  not  later  than  the 
ninth  day  after  the  day  on  which  he  receives  the 
writ,  and,  in  the  case  of  an  election  for  a  borough, 
not  later  than  the  fourth  day  after  the  day  on  which 
he  receives  the  writ  (£),  and  the  day  of  the  poll  is 
such  day  as  the  returning  officer  may  appoint,  not 
being  less  than  four  or  more  than  eight  clear  days 
after  the  day  fixed  as  "  the  day  of  election  "  (u). 

It  follows  from  what  is  said  above  that  the 
period  which  elapses  between  the  adjournment  of 
the  election  and  the  day  of  the  poll  is,  in  the  case 
of  a  general  election,  nine  days,  and,  in  the  case 
of  a  bye-election,  not  less  than  four  or  more  than 
eight  days,  The  returning  officer  must  send  the 
ballot  paper  to  the  absent  voter  as  soon  as  prac- 
ticable after  the  commencement  of  this  period. 

As  to  the  words  in  sect.  23  (1).  send  a  ballot 
paper  to  each  such  person  at  the  address  re- 
corded by  the  registration  officer,  rule  19  of  the 
Registration  Rules  provides  that — 

"  The  registration  officer  shall  keep  a  record  of 
any  address  which  may  be  furnished  to  him  by 
any  person  placed  on  the  absent  voters  list,  or  by 
the  Admiralty,  Army  Council,  Air  Council  or 
Board  of  Trade,  as  the  address  which  is  to  be  for 

(«)  See  sect.  21,  pp.  161 — 162,  supra,  and  pp.  162 — 163. 
(*)  Ballot  Act,  1872,  First  Schedule,  Part  I.,  r.  2. 
(M)  See  sect.  21  (1),  p.  161,  supra,  also  Ballot  Act,  1872,  First 
Schedule,  Part  I.,  r.  14. 


REGISTRATION  OF  NAVAL  AND  MILITARY  VOTERS. 

the  time  being  the  address  of  the  voter  for  the    Sect.  23. 
purpose  of  the  provisions  relating  to  voting  by 
absent  voters  and,  as  soon  as  practicable,  shall 
cause  instructions  to  be  sent  to  the  voter  as  to 
the  mode  of  voting  under  those  provisions. 

"  The  record  of  addresses  shall  be  open  to  in- 
spection under  the  same  conditions  that  govern 
the  register  "  (x). 

As  to  the  words  a  declaration  of  identity  in 
the  prescribed  form,  the  word  "  prescribed " 
means  "  prescribed  by  His  Majesty  by  Order  in 
Council "  (y),  but  up  to  the  time  of  going  to  press 
no  form  has  been  prescribed. 

In  order  to  assist  the  registration  officer  in  the 
registration  of  naval  and  military  voters,  rule  18 
of  the  Registration  Rules  provides  that — 

1  i  The  Admiralty,  the  Army  Council,  and  the 
Air  Council,  either  directly  or  through  officers 
appointed  by  them,  shall  in  the  prescribed  manner 
furnish  to  the  registration  officers  in  the  several 
constituencies  such  information  as  to  the  names 
and  addresses  of  Naval  and  Military  voters  (z)  and 
such  other  particulars  as  may  be  necessary  for  the 
purpose  of  their  registration  and  of  their  voting 
as  such,  and  it  shall  be  the  duty  of  the  Local 
Government  Board  to  render  any  assistance  that 
may  be  required  by  the  Admiralty,  the  Army 
Council,  and  the  Air  Council  in  conveying  such 
information  to  the  registration  officers : 

"  Provided  that  the  Admiralty,  Army  Council, 

(«)  See  Rule  27,  p.  349,  infra. 
(V)  See  sect.  41  (11),  p.  308,  infra. 
(z)  See  pp.  79—85,  supra. 


182  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  23.  and  Air  Council  shall  not  be  required  to  supply 
any  particulars  which  in  their  declared  opinion 
would  interfere  with  the  proper  conduct  of  the 


war." 


As  to  sub-sec  lion  (2). — The  ballot  paper  marked 
by  the  absent  voter.  This,  of  course,  refers  to  a 
ballot  paper  (a)  which  has  been  sent  to  the 
absent  voter  in  pursuance  of  the  provisions  of 
sect.  23(1). 

As  to  the  declaration  of  identity,  see  p.  181, 
supra. 

if  it  is  received  by  the  returning  officer 
before  the  close  of  the  poll. — By  the  First 
Schedule  to  the  Ballot  Act,  1872,  Part  I.,  rule  32, 
"  the  returning  officer  shall  make  arrangements  for 
counting  the  votes  in  the  presence  of  the  agents 
of  the  candidates  as  soon  as  practicable  after  the 
close  of  the  poll." 

It  will  be  seen,  therefore,  that  subject  to  the 
provisions  of  sub-sect.  (3)  the  time  allowed  for  an 
absent  voter  to  receive  his  ballot  paper  and  return 
it  to  the  returning  officer  is  very  short  (b). 

be  counted  by  him  and  treated  for  all  pur- 
poses in  the  same  manner  as  a  ballot  paper 
placed  in  the  ballot  box  in  the  ordinary  manner. 
— The  procedure  here  referred  to  which  the  re- 
turning officer  must  adopt  with  regard  to  the 
counting  of  ballot  papers  is  prescribed  by  the 
second  paragraph  of  sect.  2  of  the  Ballot  Act, 
1872,  and  rules  31  to  38  (c)  of  the  First  Schedule 

(a)  See  also  pp.  182—200,  infra. 

(6)  See  Note  on  the  meaning  of  the  words  ' '  as  soon  as  practicable 
after  the  adjournment  of  the  election  "  on  pp.  179 — 180,  supra. 
(c)  Set  out  at  pp.  687—689,  infra. 


RULES  AS  TO  BALLOT  PAPERS. 

to  that  Act.     It  will  be  seen  that  by  rule  34  the     Sect.  23 
returning    officer    must   mix    the   absent   voters' 
ballot  papers  with  the  other  ballot  papers  before 
counting  the  votes. 

The  only  matter  under  these  rules  which  appears 
to  call  for  special  consideration  here  is  that  dealt 
with  by  rule  36,  which  is  as  follows  :  — 

"  The  returning  officer  shall  endorse  '  rejected' 
on  any  ballot  paper  which  he  may  reject  as  invalid, 
and  shall  add  to  the  endorsement  4  rejection  ob- 
jected to,'  if  an  objection  be  in  fact  made  by  any 
agent  to  his  decision.  The  returning  officer  shall 
report  to  the  Clerk  of  the  Crown  in  Chancery  the 
number  of  ballot  papers  rejected  arid  not  counted 
by  him  under  the  several  heads  of,  — 

'  4  (  1  )  Want  of  official  mark  ; 

Voting  for  more  candidates  than  entitled 


. 
"(3)  Writing  or  mark  by  which  voter  could  be 

identified  ; 

"  (4)  Unmarked  or  void  for  uncertainty  ; 
and  shall  on  request  allow  any  agents  of  the  can- 
didates, before  such  report  is  sent,  to  copy  it." 

"  The  questions  here  raised,"  said  Lord  Neaves 
in  Wig  town  (d\  "are  important  and  delicate  on 
this  account  in  particular,  viz.,  that  while  a  certain 
form  of  exercising  the  franchise  is  pointed  out  in 
the  statute  on  the  subject,  some  deviations  from 
the  strict  letter  of  the  directions  therein  contained 
may  be  so  trifling  as  to  be  immaterial,  while 
others  may  be  more  serious,  and  thus  may  be 
•fatal.  The  merits  of  each  vote,  therefore,  may 

(>!}  (1874),  2  0.  &  H.  220,  221. 


184  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  23.  turn  on  questions  of  degree,  which  it  is  always 
difficult  to  distinguish,  as  the  one  class  may  run 
almost  imperceptibly  into  the  other.  This  is  the 
old  puzzle  as  to  how  many  grains  of  corn  make  a 
heap,  or  at  what  stage  a  little  tiling  grows  into  a 
big  one. 

"  In  this  state  of  matters  the  important  point 
is  to  look  to  the  great  objects  and  principles  of 
the  statute,  and  to  take  care  that  we  do  every- 
thing necessary  to  follow  these  out,  and  nothing 
that  can  defeat  or  endanger  them. 

"  The  great  object  in  view,  I  take  it,  in  the 
Ballot  Act  is  the  double  result  of  facility  in  the 
exercise  of  the  franchise  and  perfect  secrecy  as 
to  the  vote  of  individual  voters.  This  double 
purpose  is  by  the  Act  sought  to  be  accomplished 
by  not  allowing  a  vote  to  be  given  viva  voce,  as  it 
used  to  be,  nor  in  writing  (properly  speaking),  in 
either  of  which  cases  secrecy  would  be  impossible, 
or  would  be  imperilled,  for  by  writing,  though 
not  setting  forth  the  writer's  name,  yet  through 
the  comparatio  literarum  the  writer  might  be  dis- 
covered. Nor  would  it  have  done,  perhaps,  to 
leave  the  voter  to  put  any  mark  he  pleased  to  show 
the  candidate  for  whom  he  voted.  A  mark  has 
been  pointed  out  and  represented  in  the  statutory 
directions,  that  of  a  cross,  thus,  X-  It  is,  I  think,  a 
mark  well  devised  for  the  purpose,  easy  of  execu- 
tion by  men  of  the  most  moderate  intelligence, 
and  at  the  same  time  perfectly  neutral  in  its 
character,  so  as  to  be  practically  incapable  of 
betraying  its  authorship  by  its  appearance.  I 
think  it  is  scarcely  possible  that  a  ballot  paper 


RULES  AS  TO  BALLOT  PAPERS.  185 

strictly  in  terms  of  the  statute  should  lead  to  the     Sect.  23. 
voter's  identification,  one /man's   cross  being   in 
general  indistinguishable  from  another  man's." 

It  is  important  to  notice,  as  was  pointed  out  in 
the  considered  judgment  of  the  Court  in  the  case 
of  Woodward  v.  Sarsons(d),  that  "  the  rules  in  the 
1st  Schedule  of  the  Ballot  Act  and  the  forms  in 
the  2nd  Schedule  are  directory  enactments,  as 
distinguished  from  the  absolute  enactments  in  the 
section  in  the  body  of  the  Act,  and  that,  while 
the  general  rule  is  that  an  absolute  enactment 
must  be  obeyed  or  fulfilled  exactly,  it  is  sufficient 
if  a  directory  enactment  be  obeyed  or  fulfilled  sub- 
stantially. The  second  section  enacts,  as  to  what 
the  voter  shall  do,  that  '  the  voter,  having  secretly 
marked  his  vote  on  the  paper,  and  folded  it  up  so 
as  to  conceal  his  vote,  shall  place  it  in  an  enclosed 
box.'  This  is  all  that  is  said  in  the  body  of  the 
Act  about  what  the  voter  shall  do  with  the  ballot 
paper.  That  which  is  absolute,  therefore,  is  that 
the  voter  shall  mark  his  paper  secretly  (e).  How 
he  shall  mark  it  is  in  the  directory  part  of  the 
statute.  .  .  .  The  result  seems  to  be,  as  to  writing 
or  mark  on  the  ballot  paper,  that  if  there  be  sub- 
stantially a  want  of  any  mark,  or  a  mark  which 
leaves  it  uncertain  whether  the  voter  intended  to 

(d)  (1875),  L.  E.  10  C.  P.  at  pp.  746,  747,  748. 

(e)  If  this  provision  is  infringed,  the  vote  will  be  void,  and  a 
similarly  strict  compliance  with  all  the  other  requirements  of  sect.  2 
is  necessary.     Thus  a  vote  will  be  void  if  the  ballot  paper  has  no 
official  mark  on  it  (Wigtoivn  (1874),  2  0.  &  H.  215)  or  if  it  is  filled 
up  in  such  a  way  as  to  lead  to  the  identification  of  the  voter.     See 
sect.  2  of  the  Ballot  Act,  1872,  and  Sched.  2,  which  is  made  part  of 
such  Act  by  sect.  28  :   Woodivard  v.  Sarsons  (1875),  L.  R.  10  C.  P. 
747. 


180  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect,  aa.  vote  at  all  or  for  which  candidate  he  intended  ta 
vote,  or  if  there  be  marks  indicating  that  the  voter- 
has  voted  for  too  many  candidates,  or  a  writing  or 
a  mark  by  which  the  voter  can  be  identified,  then 
the  ballot  paper  is  void,  and  is  not  to  be  counted ; 
or,  to  put  the  matter  affirmatively,  the  paper  must 
be  marked  so  as  to  show  that  the  voter  intended 
to  vote  for  someone,  and  so  as  to  show  for  which 
of  the  candidates  he  intended  to  vote.  It  must 
not  be  marked  so  as  to  show  that  he  intended  to 
vote  for  more  candidates  than  he  is  entitled  to 
vote  for,  nor  so  as  to  leave  it  uncertain  whether 
he  intended  to  vote  at  all  or  for  which  candidate 
he  intended  to  vote,  nor  so  as  to  make  it  possible, 
by  seeing  the  paper  itself,  or  by  reference  to- 
other available  facts,  to  identify  the  way  in  which 
he  has  voted  (/).  If  these  requirements  are  sub- 
stantially fulfilled,  then  there  is  no  enactment  and 
no  rule  of  law  by  which  a  ballot  paper  can  be 
treated  as  void,  though  the  other  directions  in  the 
statute  are  not  strictly  obeyed.  If  these  require- 
ments are  not  substantially  fulfilled  the  ballot 
paper  is  void,  and  should  not  be  counted ;  and 
if  it  is  counted,  it  should  be  struck  out  on  a 
scrutiny.  The  decision  in  each  case  is  upon  a 
point  of  fact,  to  be  decided  first  by  the  returning 
officer,  and  afterwards  by  the  election  tribunal, 
on  petition.'7 

1 .    Want  of  official  mark. 

"  It  is  quite  sufficient  if  there  is  sucli  evidence 
of    the    official    mark,    whether   it    is    perforated 

(/)  See  also  the  observations  of  Ghannell,  J.,  in  Exeter  (1911), 
6  O.  &  H.  at  p.  232. 


RULES  AS  TO  BALLOT  PAPERS. 


187 


through  the  paper,  whether  the  ink  is  caused  to  Sect.  vs. 
run  through  the  paper  so  as  to  indicate  the  official 
mark,  or  whether  the  stamp  is  applied,  but  fails 
to  make  a  perfect  mark.  In  all  such  cases,  if 
there  be  evidence  that  the  presiding  officer  has 
intended  to  make,  and  has  in  fact  made,  what, 
fairly  looked  at,  indicates  that  a  recognisable 
official  mark  is  upon  the  back  of  the  ballot  paper, 
votes  marked  upon  such  papers  ought  to  be  held 
good  votes  in  the  absence  of  any  other  substantial 
objection(^)." 

2.  Voting  for  more  candidates  than  entitled  to. 

"  If  there  be  marks  indicating  that  the  voter 
has  voted  for  too  many  candidates  .  .  .  then  the 
ballot  paper  is  void  and  is  not  to  be  counted.  ... 
The  paper  must  not  be  marked  so  as  to  show 
that  he  intended  to  vote  for  more  candidates  than 
he  is  entitled  to  vote  for  "  (k). 

If  it  is  so  marked  "  the  ballot  paper  is  void  and 
should  not  be  counted  ;  arid  if  it  is  counted,  it 
should  be  struck  off  on  a  scrutiny  "  (k}. 

3.  Writing  or   mark  />//  which    the  voter  could  be 
identified. 

The  fact  that  the  marks  are  such  as  might 
lead  to  the  identification  of  the  voter  is  not 
sufficient  to  vitiate  and  render  void  the  vote.  The 
mark  must  be  a  mark  by  which  the  voter  can 
(not  might  possibly)  be  identified.  Whether  the 
mark  is  such  is  a  matter  of  fact.  It  is  an  in- 

(g)  Per  Hawkins,  J.,  in  C'irenccstrr  (1893),  4  O.  &  H.  at  p.  196. 

(A)  Per  cnriam  in  Woodward  v.  Sarsons  (1875),  L.  B.  10  0.  P. 
at  p.  748.  See  also  Phillips  v.  f/o/(1886),  17  Q.  B.  D.  814.  But 
see  as  to  a  university  election  held  according  to  the  principle  of 
proportional  representation,  pp.  160 — 161,  and  158 — 160,  snpr«. 


188  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

fi_??*_  sufficient  objection  that  the  marks  referred  to 
might  possibly  afford  a  clue  to  the  identification 
of  the  voter"  (i). 

4.  Unmarked  or  void  for  uncertainty. — The  Courts 
appear  to  have  placed  a  more  rigid  and  technical 
interpretation  on  the  language  of  the  statute  in 
the  earlier  than  in  the  later  cases.  Thus  in 
Wigtown  (k)  Lord  Neaves  said  : — 

"  I  think  it  essential  to  a  good  vote  that  the 
voter  should  make  the  cross  thus  pointed  out,  and 
that  any  mark  materially  different  would  be  a 
deviation  from  what  is  prescribed,  and  a  failure 
to  fulfil  the  requirements  of  the  statute.  For 
anyone  to  put,  instead  of  a  cross,  a  circle  or  an 
oval,  or  any  other  geometrical  or  anomalous 
figure,  would  not  be  a  compliance  with  the  law, 
independently  of  the  consideration  that  such  a 
plain  and  wilful  departure  from  what  was  intended 
would  suggest  strongly  the  suspicion  that  some 
sinister  purpose  was  intended." 

Again,  in  Stepney  Division  (I)  counsel  objected 
to  a  vote  on  the  ground  that  the  voter  had  put  a 
circle  instead  of  a  cross  and  that  by  this  it  might 
be  identified;  he  cited  Wigtotun(m}.  Denman,  J., 
said  (n) : — 

"  The  question  here  is  whether  a  ballot  paper 
is  good  in  which  the  voter,  instead  of  making  a 
cross  or  a  mark  of  the  ordinary  kind  straight 

(i)  See  the  observations  of  Hawkins,  J.,  in  Cirencester  (1893), 
4  0.  &  H.  at  p.  198. 

(k)  (1874),  2  O.  &  H.  at  pp.  220,  221. 

(I)  (1886),  4  0.  &  H.  at  p.  37. 

(m)  (1874),  2  0.  &H.  215. 

(n)  Stepney  Division  (1886),  4  O.  &  H.  at  pp.  37,  38. 


RULES  AS  TO  BALLOT  PAPERS.  189 

with  his  pen,  deliberately  makes  a  circle.  If  a  Sect,  as. 
man  does  that,  he  really  must  do  it  either  with 
some  sinister  object,  or  it  is  so  perversely  and 
absurdly  in  deviation  from  the  directions  of  the 
Ballot  Act  as  to  make  it  a  case  in  which  he  ought 
really  to  be  held  to  have  thrown  away  his  vote. 
If  he  does  it  with  the  sinister  object  of  having 
his  vote  known,  then  he  has  forfeited  his  vote 
because  he  has  violated  the  Ballot  Act.  If  he  does 
it  purposely — and  one  cannot  understand  a  man 
supposing  that  a  cross  is  a  circle — he  has  done  it 
perversely,  and  done  it  in  such  a  way  as  again  to 
legitimately  forfeit  his  vote.  If  he  does  it  pur- 
posely, knowing  that  his  vote  may  be  thrown 
away,  then  he  really  has  not  indicated  his  inten- 
tion to  vote  for  the  candidate  against  whose  name 
he  has  placed  the  mark ;  so  that  in  any  case  there 
is  no  good  ground  for  holding  that  a  circle  is  a 
cross  within  the  meaning  of  the  Ballot  Act." 

The  vote  was  struck  off. 

The  attention  of  the  Court  in  this  case  does  not 
appear  to  have  been  drawn  to  the  important  deci- 
sion of  the  Court  of  Common  Pleas  in  Woodward 
v.  Sarsons  (0),  but  having  regard  to  that  case  and 
to  later  decisions,  it  is  respectfully  submitted  that 
the  observations  of  Lord  Neaves  cited  above  do 
not  correctly  state  the  law,  and  that  the  decision 
of  the  Court  in  Stepney  Division  must  now  be 
regarded  as  overruled. 

In  Woodward  v.  Sarsons  ( p )  it  was  laid  down 
that  any  mark  which  sufficiently  indicates  for 

(o)  (1875),  L.  E.  10  C.  P.  733. 
(p)  Ibid,  at  p.  748. 


190  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  23.  whom  the  vote  is  given,  so  long  as  it  is  not  such 
as  to  enable  the  voter  to  be  identified,  is  good. 
The  following  modes  of  marking  were  held  good(y) 
in  the  absence  of  evidence  of  connivance  or  pre- 
arrangement : — 

(a)  Two  or  three  crosses  instead  of  one. 

(b)  A  straight  vertical  line  instead  of  a  cross. 

(c)  A  straight  stroke  in  addition  to  a  cross. 

(d)  A  letter  P  in  addition  to  a  cross. 

(e)  An  oblique  line  instead  of  a  cross. 

(f )  A  star  instead  of  a  cross. 

(g)  A  pencil  line  drawn  through  the  name  of 
one  candidate  and  a  cross  opposite  that  of  another. 

(h)  A  cross  placed  on  the  left  instead  of  the 
right-hand  side  of  the  candidate's  name. 

Some  of  these  decisions  are  in  conflict  with 
some  of  the  decisions  of  the  majority  of  the 
judges  in  the  Scottish  Court  of  Session  in  Wig- 
town (r)j  and  in  regard  to  this  Lord  Coleridge,  C.J., 
in  delivering  the  considered  judgment  of  the  Court 
in  Woodward  v.  Sarsons  (s)  said : — 

"  We  are  aware  that,  in  so  applying  the  prin- 
ciples which  we  have  deduced  from  the  statute, 
we  are  acting  apparently  in  opposition  to  some 
of  the  decisions  in  the  Wigtown  case(^) ;  but  there 
may  have  been  evidence  in  that  case  which  does 
not  exist  in  the  present  case,  and  which  made 
many  of  the  marks  there  marks  of  identification, 
which  the  mere  presence  of  such  marks  here  does 

(q)  (1875),  L.  E.  10  C.  P.  at  p.  749. 
(r)  (1874),  2  O.  &  H.  215. 
(«)  (1875),  L.  E.  10  0.  P.  at  p.  750. 

(t)  (1874),  2  O.  &  II.  215,  227 ;  1  Court  of  Sess.  Cases,  4th  Series, 
925,  231 ,  sub  wow.  Haswett  v.  Stewart. 


RULES  A8  TO  BALLOT  PAPERS.  191 

not  do.     If  this  was  not  so,  we  respectfully  differ     Sect.  83. 
from  the  strict  view  taken  by  the  majority  of  the 
learned  judges  who  decided  that  case,  and  adhere 
to  the  view  of  Lord  Benholme  given  in  that  case." 

In  1876  a  Select  Committee  of  the  House  of 
Commons,  appointed  to  inquire  into  the  working 
of  the  Ballot  Act,  reported  that  in  their  opinion 
"no  ballot  paper  should  be  rejected  unless  it 
appears  clearly  to  the  returning  officer  that  the 
obligatory  portion  of  the  Act  has  not  been  com- 
plied with ;  and  that  the  marking  of  the  ballot 
paper  in  a  manner  not  in  accordance  with  the 
*  directions '  should  not  cause  its  rejection,  unless 
it  appears  to  the  returning  officer  that  such  de- 
parture from  the  directions  has  been  for  the  pur- 
pose of  identification,  or  would  necessarily  afford 
an  opportunity  for  such  identification  being 
effected,  or  unless  the  returning  officer  is  unable 
to  determine  for  whom  the  voter  intended  to 
vote."  The  Committee  further  suggested  that 
the  Home  Office  should  forward  to  every  return- 
ing officer  the  case  and  judgment  in  Woodward  v. 
Sarsons  (u). 

In  the  later  case  of  BucJcrose  (#),  where  a  vote 
was  objected  to  on  the  ground  that  the  ballot 
paper  had  been  marked  with  a  circle  instead  of 
a  cross,  the  vote  was  allowed.  Pollock,  B., 
said(y):— 

"I  should  have  myself  no  doubt  about  this 
case  but  for  the  remarks  of  my  brother  Den- 

(«)  Par.  Pap.  162  of  1876,  p.  iv. 
(a)  (1886),  4  O.  &  H.  110. 
(y)  Ibid,  at  p.  112. 


192  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  23.     man  (2),  which  one  must  take  to  have  been  en- 
tirely assented  to  by  my  brother  Field,  inasmuch 
as  he  did  not  dissent  from  them,  but  we  have  not 
before  us  the  precise  character  of  the  circle  in 
that   case.     It   may  have   been  something  very 
accurate  as  a  circle,  and  it  may  have  indicated 
more  education   and   mental  power  than  is   in- 
dicated  by  such   figures   as  we  find   here,   and 
therefore  I  cannot  consider  that  that  case  is  a 
binding  authority  upon  us  with  reference  to  thi& 
particular  ballot  paper.     So   far   as  the    Scotch 
authority  goes  it  is  not  binding  upon  us.     But 
now  let  us  look  at  the  plain  intention  which  is 
indicated  by  the  statute  itself."     After  referring 
to  the  2nd  section  of  the  Ballot  Act,  1872,  and 
the  2nd  Schedule  to  that  Act,  the  learned  Baron 
continued:  "It  is  in  the  schedule  that  for  the 
first  time  you  have  an  indication  that  it  shall  be 
by  a  cross.     When  you  get  to  the  form  the  same 
thing    is   indicated,    and   the    only   question    is 
whether  that  cross,  in  the  form  of  a  cross  sub- 
stantially,  is    essential  to   a  good  vote.     It  has 
been  already  held  that  if  it  be  a  cross  with  a 
mark  across  it  like  an  X,  or  like  a  Winchester 
cross,  and  a  good  many  figures  of  that  kind,  then 
it  would  be  perfectly  good.     This  is  not  a  cross ; 
but  is  it  such  a  departure  from  a  cross  as  to  in- 
dicate any  intention  on  the   part    of   the  voter 
otherwise  than  to  record  his  vote  for  the  person 
whose  name  is  opposite  the  bad  cross  ?     I  cannot 
myself  think  that  that  is  so.     For  my  part,   I 
think  this  is  a  good  vote." 

(z)  In  Stepney  Division  (1886),  4  0.  &  H.  at  pp.  37,  38. 


RULES  AS  TO  BALLOT  PAPERS. 

Smith,  J.,  concurred,  holding  that  the  case  Sect.  83. 
came  within  the  principle  of  Woodward  v.  Sar- 
so?is  («),  and  that  the  ballot  paper  was  marked  in 
such  a  way  as  to  show  that  the  voter  intended  to 
vote  for  the  candidate  opposite  whose  name  he 
had  placed  the  mark  in  question. 

In  Buckrose(b)  counsel  objected  to  a  vote  on 
the  ground  that  the  only  mark  on  the  paper  was 
a  cross  made  upon  the  name  of  Mr.  S.,  in  such  a 
way  as  to  make  it  appear  possible  that  he  intended 
to  strike  the  name  out.  The  vote  was  disallowed. 

In  the  same  case(£)  a  vote  was  objected  to  on 
the  ground  that  the  cross  had  been  put,  not 
opposite  to  either  of  the  candidates'  names,  but  in 
the  right-hand  top  corner  of  the  ballot  paper  above 
the  line.  The  Court,  following  the  opinion  of 
Hawkins,  J.,  in  Berwick  (c]  and  of  the  Court  in 
Stepney  Division  (d\  held  that  the  vote  was  void 

for  uncertainty. 

* 

A  vote  was  also  objected  to  by  counsel  on  the 
ground  that  the  figure  33  had  been  written  upon 
the  back  of  the  ballot  paper.  The  Court,  in  the 
absence  of  any  evidence  showing  that  the  voter 
could  be  identified  by  the  writing,  allowed  the 
vote(fl?),  following  the  decision  of  Field,  J.,  in 
Stepney  Division  (e). 

In  BucJcrose,  the  same  case(d),  a  ballot  paper 

(a)  (1875),  L.  R.  10  0.  P.  733. 
(6)  (1886),  40.  &H.  at  p.  112. 

(c)  (1880),  3  O.  &  H.  at  p.  182. 

(d)  (1886),  4  0.  &  H.  at  p.  111. 

(e)  (1886),  4  0.  &  H.  40. 

F.  13 


REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 

Sect,  as.  had  been  rejected  by  the  returning  officer  which 
had  been  marked  upon  the  back  opposite  the  name 
of  one  of  the  candidates,  and  it  was  contended 
that,  inasmuch  as  the  mark  could  be  seen  through 
the  paper  without  turning  it  over,  it  was  a  good 
vote.  Pollock,  B.,  said(<?)  :  "  I  have  a  very  clear 
opinion  that  that  will  not  do.  If  you  take  the 
whole  context  of  the  Act  and  read  the  direction, 
the  voter  is  to  place  a  cross  on  the  right-hand  side 
opposite  the  name  of  each  candidate  for  whom  he 
votes,  and  that  together  with  the  other  provision 
with  regard  to  the  returning  officer  clearly  indi- 
cates that  it  must  be  upon  the  face  of  the  paper. 
We  think  that  the  vote  was  properly  rejected  on 
the  ground  that  a  cross  upon  the  back  is  not  a 
compliance  with  the  Act." 

In  the  same  case  a  ballot  paper  marked  in  the 
usual  way  on  the  face  opposite  the  name  of  one 
candidate  but  with  a  cross  on  the  back  opposite 
the  name  of  the  other  candidate  was  allowed  for 
the  former  candidate  (e). 

Where  a  ballot  paper  was  marked  with  a  cross 
on  the  left-hand  side  of  the  respondent's  name, 
and  with  a  straight  line  on  the  right-hand  side  of 
the  petitioner's  name,  and  the  vote  was  objected 
to  on  the  ground  of  uncertainty,  Pollock,  B., 
said  (/) :  "I  think  the  cross  in  one  case  and  the 
line  in  the  other  make  it  doubtful,  and  we  must 
reject  the  vote." 

(e)  C1886),  40.  &  H.  at  p.  111. 

(/)  Hid.     See  also  Exeter  (1911),  6  0.  &  H.  at  p.  229. 


RULES  AS  TO  BALLOT  PAPERS.  195 

In  Stepney   Division  (g),  where   the    cross   had     Sect.  23. 
been  put  on  the  top  of  the  voting  paper  opposite 
the  words  "  Ballot  paper,"  the  vote  was  struck  off 
on  the  ground  of  uncertainty. 

In  the  same  case  the  Court  was  divided  in 
opinion  as  to  whether  a  name  and  a  cross  on  the 
back  of  a  ballot  paper  invalidated  the  vote  (h). 

In  Cirencester(i),  Hawkins,  J.,  thus  explained 
the  principles  by  which  the  Court  would  be  guided 
in  dealing  with  cases  of  this  kind : — 

"  With  regard  to  those  votes  as  to  which  ob- 
jections have  been  raised  to  the  mode  in  which 
they  were  marked  by  the  voters,  we  have  pro- 
ceeded upon  what  we  think  was  the  true  intention 
of  the  Legislature  in  framing  the  Act  of  Parlia- 
ment. We  have,  first  of  all,  asked  ourselves 
whether  the  voter  received  his  paper  with  the 
intention  to  vote.  The  mere  fact  that  he  has 
applied  for  and  received  a  voting  paper  affords 
abundant  evidence  that  such  was  his  intention. 
Then  we  have  looked  at  the  face  of  the  paper 
itself,  with  a  view  to  see  whether  or  not  the  voter 
has  by  any  mark  clearly  indicated  the  person  for 
whom  he  wished  and  intended  to  vote ;  and  if  we 
have  found  such  a  mark  we  have  upheld  the  vote, 
regardless  of  the  very  technical,  and  as  we  think 
unsubstantial,  objections  which  have  been  allowed 
in  some  of  the  earlier  cases  to  be  found  in  the 

(g]  (1886),  40.  &  H.  37. 

(h)  The  decision  on  this  point  in  Wigtown  (1874),  2  0.  &  H.  216, 
was,  however,  not  mentioned  to  the  Court, 
(t)  (1893),  4  0.  &  H.  at  pp.  196,  197. 

13(2) 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  23.  reports  of  election  cases,  our  view  being  that  we 
ought  to  interpret  the  Ballot  Act  liberally,  and, 
subject  to  other  objections,  to  give  effect  to  any 
mark  on  the  face  of  the  paper  which  in  our 
opinion  clearly  indicated  the  intention  of  the 
voter,  whether  such  mark  were  in  the  shape  of  a 
cross,  or  a  straight  line,  or  in  any  other  form,  and 
whether  made  with  pen  and  ink,  pencil,  or  even 
an  indentation  made  on  the  paper,  and  whether 
on  the  right  or  the  left  hand  of  the  candidate's 
name,  or  elsewhere  within  his  compartment  on 
the  voting  paper.  Of  course,  every  deviation 
from  the  course  pointed  out  in  the  rule  tends  to 
create  difficulties  which  may  be  avoided  by  a  rigid 
observance  of  it.  It  is  highly  prudent  therefore 
to  adhere  to  it,  though  we  do  not  think  it  essen- 
tial. .  .  .  There  were  some  marks  and  blotches  of 
a  very  irregular  character  (on  the  voting  paper), 
which  might  well  be  mistaken  as  indications  of 
temporary  unsteadiness  in  the  voters,  who  by 
their  unsteadiness  imperil  their  votes.  In  such 
cases  we  have  done  our  best  to  discover  whether, 
although  obscured  by  the  blots,  blurs,  and  other 
marks,  there  existed  positive  indications  on  the 
part  of  the  voter  of  an  intention  to  vote  without 
a  thought  of  leaving  behind  a  trace  to  enable  him 
to  be  identified.  ...  Of  course,  if  it  is  upon  the 
face  of  the  ballot  paper  left  in  doubt  whether  the 
man  intended  to  vote  for  one  candidate  or  the 
other,  the  weight  of  the  objection  that  the  vote 
is  uncertain  is  obvious,  for  the  simple  reason  that 
one  candidate  has  just  as  much  right  to  claim 


RULES  AS  TO  BALLOT  PAPERS.  197 

the  vote  as  the  other,  and  so  it  ought  not  to  be    Sect.  23. 
counted  for  either,  and  the  statute  so  enacts." 

"It  has  been  held  (&),"  said  Hawkins,  J.,  in 
Berwick-upon- Tweed (1],  "that  it  is  not  necessary 
that  this  mark  should  be  made  with  the  pencil 
provided  in  the  compartment,  or  with  a  pencil 
at  all.  A  mark  made  with  ink  or  with  a  piece  of 
burnt  stick  is  just  as  good  as  a  mark  made  with 
pencil,  and  I  cannot  see  any  reason  why  a  mark 
made  in  any  other  way  is  not  just  as  good." 

In  the  same  case  one  of  the  ballot  papers  had 
been  marked  with  a  long  cross,  one  part  of  which 
extended  into  the  space  opposite  the  name  of  the 
respondent,  although  the  actual  intersection  of  the 
cross  was  in  the  space  opposite  the  petitioner's 
name.  It  was  held  that  this  was  a  good  vote  for 
the  petitioner.  "If,"  said  Lopes,  J.  (m),  "you 
strike  out  the  upper  part  of  the  cross,  that  is,  the 
part  opposite  the  name  of  the  respondent,  you  will 
still  have  a  perfect  cross  opposite  the  petitioner's 
name.  On  the  other  hand,  if  you  strike  off  what 
is  opposite  to  the  petitioner's  name,  you  will  have 
no  cross  at  all." 

In  Pontardawe  Rural  District  Council  Election 
Petition  (n)  certain  doubtful  ballot  papers  were 
reserved  for  the  consideration  of  the  Court,  among 
whicli  were  three  papers  in  which  the  marks  made 
by  the  voters  were  outside  the  compartments  or 

(A)  In  Wigtown  (1874),  2  O.  &  H.  219. 

(I)  (1880),  3  O.  &  H.  at  p.  180. 

(m)  Ibid.  181. 

(n)  (1907)  2  K.  B.  313. 


198  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect,  as.  ruled  spaces  on  the  ballot  papers.  The  marks, 
however,  although  outside  the  compartments,  were 
placed  directly  opposite  the  names  of  certain  of 
the  candidates,  so  as  to  leave  no  doubt  for  whom 
the  voters  intended  to  vote.  Ridley,  J.,  said  :— 
"  I  think  that  as  long  as  the  mark  is  opposite  the 
name  of  the  candidate,  so  as  to  make  it  clear  that 
the  voter  intended  to  vote  for  him,  the  vote  is 
good.  If  the  mark  were  above  or  below  the  name 
it  would  not  be  clear,  and  the  paper  would  be  void 
for  uncertainty." 

Phillimore,  J.,  said: — "  I  agree.  The  effect  of 
placing  the  mark  outside  the  printed  space  may 
be  to  make  it  more  difficult  to  decide  for  whom 
the  vote  was  given.  But  here  there  is  admittedly 
no  difficulty  in  so  deciding.  A  mark  put  directly 
opposite  the  name  of  a  particular  candidate  is  to 
my  mind  a  good  vote." 

Where  the  voter  writes  his  own  name  instead  of 
a  cross,  as  directed,  opposite  the  candidate's 
name  (o),  or  where  he  writes  any  name  (p)  or 
initials  (q),  even  though  they  are  not  those  of  the 
voter  or  candidate,  the  vote  will  be  rejected  on 
the  ground  that  the  voter  could  be  identified  by 
his  handwriting. 

In  West  Bromwich  (r)  various  ballot  papers  were 
considered  on  a  scrutiny  by  Ridley  and  Bucknill, 

(o)  Woodivard  v.  Sarsons  (1874),  L.  E.  10  C.  P.  at  pp.  737,  749. 
(j>)  Ibid,  at  pp.  736,  749;   Wigtown  (1874),  2  0.  &  H.  at  pp.  216, 
217 ;  Exeter  (1911),  6  0.  &  H.  at  pp.  229—231. 
(q)  Ballot  Act,  1872,  s.  2. 
(r)  (1911),  6  0.  &  H.  at  pp.  256,  257. 


RULES  AS  TO  BALLOT  PAPERS.  199 

JJ.,  and  it  may  be  useful  to  refer  to  the  following     Sect.  23. 
decisions  of  the  Court : — 

Crosses  outside  the  proper  vote-space,  but  well 
opposite  the  candidate's  name,  were  allowed  to 
him. 

A  cross  in  the  margin  altogether  underneath 
the  candidate's  name-space  was  disallowed  to  him; 
but  one  in  the  right-hand  margin  altogether  out- 
side that  space  and  the  proper  vote-space,  but 
partly  parallel  with  them  and  partly  beneath 
them,  was  allowed  to  him. 

A  very  faint  cross  in  the  candidate's  name- 
space was  allowed  to  the  candidate  (s). 

A  cross  immediately  under  the  space  for  the  2 
in  the  number  column  (i.e.  the  candidate's  number), 
wholly  in  the  bottom  margin,  was  disallowed  to 
the  candidate,  but  a  cross  slightly  within  that 
space  was  allowed  to  him. 

All  crosses  opposite  the  words  "  Ballot  Paper," 
which  were  printed  in  the  top  margin,  immediately 
over  all  the  spaces  where  the  crosses  were  wholly 
outside  those  spaces,  were  disallowed,  but  where 
part  of  the  cross  extended  into  the  proper  vote- 
space  for  the  candidate  it  was  allowed. 

A  cross  in  the  top  margin,  but  extending 
slightly  into  the  candidate's  number-space  (i.e.  1), 
was  allowed  to  him. 

A  confused  mark  in  the  proper  vote -space  for 
the  candidate  was  allowed  to  the  candidate  (t). 

(s)  See  also  Exeter  (1911),  6  0.  &  H.  at  p.  228. 
(*)  Ibid,  at  p.  229. 


200  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  23.  A  faint  mark  (not  a  cross)  against  the  can- 
didate's name  was  allowed  to  him. 

A  cross  across  the  dividing  line  between  the 
candidates'  name-spaces,  but  mostly  in  the  upper 
space,  was  allowed  to  the  candidate  whose  name 
was  in  the  upper  space. 

A  cross  across  the  dividing  line  between  the 
spaces  in  the  number  column,  but  mostly  in  the 
upper  space  (i.e.  1),  was  disallowed  to  the  can- 
didate whose  name  was  in  the  upper  space. 

The  whole  of  the  paper  and  print  relating  to 
one  candidate  had  been  torn  off  and  missing,  but 
there  was  a  cross  in  the  proper  vote-space  for  the 
other  candidate — disallowed. 

A  cross  on  the  left-hand  margin  opposite,  but 
wholly  outside  of,  the  candidate's  number-space 
was  allowed  to  him. 

A  cross  on  the  right-hand  margin  opposite,  but 
wholly  outside  of,  the  candidate's  proper  voting- 
space  was  allowed  to  him. 

The  decision  of  the  returning  officer  as  to  any 
question  arising  in  respect  of  any  ballot  paper  is 
final,  subject  to  reversal  on  petition  questioning 
the  election  or  return  («). 

As  to  sub-section  (3)  of  sect.  23. — If  an  Order  in 
Council  is  issued  under  this  sub-section,  it  will 
affect  the  provisions  of  sub-section  (2),  dealt  with 
on  p.  182,  supra. 

As  to  sub-section  (4). — This  sub-section  deals  with 
voting  by  proxy,  which  is  the  second  of  the  two 
methods  provided  in  sect.  23  by  which  absent 
voters  can  vote. 

(u)  Ballot  Act,  1872,  s.  2. 


VOTING  BY  PROXY.  201 

Sub-section  (4)  (a)  provides  that  His  Majesty  sect.  23 
may  by  Order  in  Council  permit  naval  or  military 
voters  to  vote  by  proxy  when  the  locality  abroad 
where  they  are  performing  their  duties  is  so  far 
distant  from  the  United  Kingdom  or  so  incon- 
veniently situated  that  the  method  of  voting 
provided  by  sect.  23  (1),  (2),  (3)  is  impracticable. 
By  Order  in  Council,  dated  June  25th,  1918  (v), 
voting  by  proxy  is  permitted  in  all  areas  on  land 
outside  the  British  Islands  except  areas  in  France 
and  Belgium. 

Sub-section  (4)  (b)  states  the  conditions  upon 
which  an  absent  voter  is  entitled  to  exercise  the 
right  of  voting  by  proxy.  These  conditions  are 
that  he  must  satisfy  the  registration  officer  that 
he  comes  within  the  provisions  of  sub-section 
(4)  (b)  (i)  or  (b)  (ii). 

As  to  the  meaning  of  the  words  a  naval  or 
military  voter  in  (4)  (b)  (i),  and  his  right  to  vote, 
see  pp.  79 — 94,  supra. 

As  to  the  word  afloat,  by  sect.  41  (10)  this 
"  shall  be  interpreted  in  accordance  with  the 
rules  (a;)  made  for  the  purpose  by  the  Admi- 
ralty." 

As  to  the  words  in  any  area  on  land  abroad 
in  which  voting  by  proxy  is  permitted  in  pur- 
suance of  an  Order  in  Council  made  under  this 
section,  this  of  course  refers  to  the  areas  men- 
tioned above,  i.e.,  to  all  areas  outside  the  British 
Islands  except  areas  in  France  and  Belgium. 

(v)  Set  out  on  p.  753,  infra. 

(x)  For  these  rules,  see  p.  628,  infra. 


202  KEPKESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  23.  The  persons  described  in  (4)  (b)  (ii)  fall  within 
one  of  the  classes  of  "  naval  or  military  voters  n 
within  the  meaning  of  sect.  5  (3)  (ii)  (a)(#). 

As  to  the  meaning  of  the  words  to  appoint  a 
proxy,  see  the  Third  Schedule  to  the  present  Act, 
clauses  1,  3  and  4,  p.  359,  infra. 

As  to  the  words  to  vote  by  proxy  at  a  par- 
liamentary election  in  accordance  with  and 
subject  to  the  provisions  of  this  Act,  see  the 
Third  Schedule  to  the  present  Act,  clauses  5 
to  15,  pp.  360—362,  infra. 

As  to  sub-section  (4)  (c),  a  returning  officer  shall 
not  send  a  ballot  paper  for  the  purpose  of  voting 
by  post  under  sect.  23  (1)  to  any  person  who  has 
appointed  a  proxy  while  the  appointment  is  in 
force,  and  it  provides  further  that  no  such  ballot 
paper  shall  be  sent  to  any  naval  or  military  voter 
if  the  returning  officer  knows  that  he  is  serving 
in  any  area  which  comes  within  sect.  23  (4)  (a), 
whether  such  naval  or  military  voter  has  ap- 
pointed a  proxy  or  not. 

As  to  sub-section  (4)  (d),  the  Third  Schedule 
to  this  Act  is  set  out  on  pp.  359 — 362,  infra. 

As  to  sub-section  (5). — This  sub-section  provides 
that  a  person  whose  name  is  entered  on  the  absent 
voters  list  shall  not  be  entitled  to  vote  except 
under  sect.  23  (1),  (2),  (3),  by  sending  a  ballot 
paper  to  the  returning  officer,  or  under  sect. 
23  (4)  by  proxy;  in  other  words,  a  person  on  the 
absent  voters  list  is  not  allowed  to  vote  by  placing 
the  ballot  paper  in  the  ballot  box  in  the  ordinary 
manner. 

(y]  Set  out  at  pp.  77 — 78,  and  see  pp.  79 — 85,  supra. 


VOTING  BY  EMPLOYEES  OF  RETURNING  OFFICERS. 

There  appears  to  be  nothing  in  the  Act  to  pre  Sect.  23 
vent  a  person  being  placed  on  the  absent  voters 
list  in  respect  of  his  qualification  in  two  or  more 
constituencies  (0).  An  absent  voter  registered  in 
more  than  one  constituency  can  exercise  his  or 
her  right  to  vote  in  each  such  constituency  pro- 
vided that  the  voter  does  not  vote  for  more  con- 
stituencies than  he  or  she  is  entitled  to  vote  for 
under  sect,  8  (!)(«). 

As  to  sub-section  (6). — An  Order  in  Council 
prescribing  forms  and  making  regulations  with 
regard  to  proxy  papers  will  be  found  on  pp. 
754—757,  infraf 


24.  Where  an  elector  for  any  constitu-  voting  by 

.  .  .      persons  in  the 

eney  (other  than  a  university  constituency)  is  employment 

i  •  m  i  of  returning 

employed  by  the  returning  officer  for  that  officers. 
constituency  for  any  purpose  in  connection 
with  an  election  for  that  constituency,  and 
the  circumstances  of  that  elector's  employ- 
ment are,  in  the  opinion  of  the  returning 
officer,  such  as  to  prevent  him  from  voting 
at  the  polling  station  at  which  the  elector 
would  otherwise  be  entitled  to  vote,  the 
returning  officer  may  authorise  the  elector, 
by  a  certificate  given  in  the  prescribed  form, 
to  vote  at  any  other  polling  station  in  the 
constituency,  and  that  polling  station  shall, 
for  the  purpose  of  Rule  18  of  Part  I.  of  the 


(z]  See  pp.  85 — 96,  supra. 

(a]  See  pp.  100—101,  108—110, 


supru. 


204 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 


sect  24.  First  Schedule  to  the  Ballot  Act,  1872,  be 
deemed  to  be  the  polling  station  allotted  to 
that  elector. 

NOTE. — in  the  opinion  of  the  returning  officer. 

-It  would  appear  that  the  opinion  of  the  return- 
ing officer  would  be  conclusive  on  the  matter  in 
question. 

at  the  polling  station  at  which  the  elector 
would  otherwise  be  entitled  to  vote. — By  Rule  1 5 
of  the  First  Schedule  to  the  Ballot  Act,  1872, 
u  at  every  polling  place  the  returning  officer  shall 
provide  a  sufficient  number  of  polling  stations  for 
the  accommodation  of  the  electors  entitled  to  vote 
at  such  polling  place,  and  shall  distribute  the 
polling  stations  amongst  those  electors  in  such 
manner  as  he  thinks  most  convenient " 

a  certificate  given  in  the  prescribed  form.— 
By  sect.  41  (11)  •*  prescribed  "  means  prescribed 
by  His  Majesty  by  Order  in  Council.  At  the 
date  of  going  to  press  the  form  of  certificate  here 
mentioned  has  not  been  prescribed. 

that  polling  station  shall  for  the  purpose  of 
Rule  18  of  Part  I.  of  the  First  Schedule  to  the 
Ballot  Act,  1872,  be  deemed  to  be  the  polling 
station  allotted  to  that  elector. — Rule  18  here 
referred  to  is  as  follows: — "  No  person  shall  be 
admitted  to  vote  at  any  polling  station  except 
the  one  allotted  to  him." 


Right  to  the 
use  of 
elementary 
schools. 


25. — (1)  A  candidate  at  a  parliamentary 
election  (other  than  a  university  election) 
shall  be  entitled,  for  the  purpose  of  holding 


USE  OF  SCHOOLS  FOR  PUBLIC  MEETINGS.  205 

a  public  meeting  in  furtherance  of  his  can-  Sect- 25 
didature,  to  the  use  at  reasonable  times  be- 
tween the  receipt  of  a  writ  for  the  election 
and  the  day  of  the  poll,  of  a  suitable  room 
in  any  public  elementary  school  situated 
within  the  constituency  for  which  he  is  a 
candidate : 

Provided  that  this  enactment  shall  not 
authorise  the  use  of  any  room  used  as  part 
of  a  private  dwelling-house  nor  authorise 
any  interference  with  the  school  hours  of  an 
elementary  day  or  evening  school. 

(2)  A  charge  may  be  made  to  cover  any 
actual  and  necessary  expenses  incurred  by 
the  local   education   authority,    or   by   the 
managers  of  the  school,   in  respect  of  the 
preparation  of  the  room  before  the  meeting 
for  the  purposes  of  the  meeting,  and  after 
the   meeting   for    school   purposes,  and  for 
warming,  lighting,  and  cleaning  the  room. 

(3)  If  by  reason  of  the  use  of  any  room 
under  this  Act  any  damage  is  done  to  the 
school-house,  or  to  the  furniture,   fittings, 
or  apparatus,  the  damage  shall  be  defrayed 
by  the  person  by  whom,  or  on  whose  behalf, 
the  meeting  is  convened. 

NOTE. — A  candidate  at  a  parliamentary  elec- 
tion.— It  is  submitted  that  although  the  context 
of  these  words  in  the  above  section  is  different 
to  that  of  the  similar  words  in  sect.  34  (1)  of 


206 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 


Sect.  25.  the  present  Act,  the  meaning  of  these  words  is 
the  same  as  that  which  they  bear  in  the  latter 
section  (a). 

between  the  receipt  of  a  writ  for  the  election 
and  the  day  of  the  poll.  —  See  pp.  179,  180, 
supra. 

As  to  sub-section  (2),  the  charge  referred  to  must 
be  included  in  the  candidate's  election  expenses. 
See  below. 

As  to  the  words  in  sub-section  (3),  the  damage 
shall  be  defrayed  by  the  person  by  whom,  or 
on  whose  behalf,  the  meeting  is  convened,— 
It  is  submitted  that  "  the  person  ...  on  whose 
behalf  .  .  .  the  meeting  is  convened,"  can  only 
mean  the  candidate.  By»sect.  34  (1): — "  A  per- 
son other  than  the  election  agent  of  a  candidate 
shall  not  incur  any  expenses  on  account  of  holding 
public  meetings  .  .  .  for  the  purpose  of  promoting 
or  procuring  the  election  of  any  candidate  at  a 
parliamentary  election  unless  he  is  authorised  in 
writing  to  do  so  by  such  election  agent "  ;  and 
by  sect.  34  (3),  "  any  expenses  incurred  on  account 
of  any  such  purpose  as  aforesaid  and  authorised 
by  the  election  agent  of  the  candidate  shall  be 
duly  returned  as  part  of  the  candidate's  election 
expenses."  It  is  submitted,  however,  that  the 
"damage"  mentioned  in  sect.  25  (3)  does  not 
come  within  sect.  34  (3),  and  need  not  be  returned 
as  part  of  the  candidate's  election  expenses  (#),  as 
such  damage  does  not  fall  under  "  expenses 
incurred  on  account  of  ...  such  purpose." 

(a)  See  pp.  269—270,  272—273,  infra. 
($)  See  p.  264,  infra. 


DEPOSIT  BY  CANDIDATES.  207 

As  regards  Scotland,  the  expression  any  public  _Sect.  25. 
elementary   school,    in  sect.  25  of  the  present 
Act,  means  "  any  school  in  receipt  of  a  parlia- 
mentary grant "  (c). 

Sect.  25  does  not  apply  to  Ireland  (d[). 

26. — (1)  A  candidate  at  a  parliamentary  Deposit  by 
election,    or   someone    on   his   behalf,  shall  parHamentary 
deposit,  or  cause  to  be  deposited,  with  the 
returning  officer,  during  the  time  appointed 
for  the  election,  the  sum  of  one  hundred  and 
fifty  pounds,   and,  if  he  fails  to  do  so,  he 
shall  be  deemed  to  be  withdrawn  within  the 
provisions  of  the  Ballot  Act,  1872. 

(2)  The    deposit    may   be   made    by   the 
deposit    of  any   legal   tender   or,  with  the 
consent  of  the  returning  officer,  in  any  other 
manner. 

(3)  If  after  the  deposit  is  made  the  candi- 
date is  withdrawn  in  pursuance  of  the  pro- 
visions of  the  Ballot  Act,  1872,  the  deposit 
shall  be  returned  to  the  person  by  whom  the 
deposit  was  made  ;  and  if  the  candidate  dies 
after  the  deposit  is  made,   and  before  the 
poll  is  commenced,  the  deposit,  if  made  by 
him,  shall  be  returned  to  his  legal  personal 
representative,  or,  if  not  made  by  him,  shall 
be   returned  to   the  person  by  whom   the 
deposit  was  made. 

(c)  Sect.  43  (10),  p.  319,  infra. 

(d)  Sect.  44  (10),  pp.  333—334,  infra. 


208  REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 

Sect.  26.  NOTE.  — As  to  the  words  in  sub-section  ( 1 ),  during" 
the  time  appointed  for  the  election. — By  rule  4 
of  Part  I.  of  the  First  Schedule  to  the  Ballot  Act, 
1872,  u  the  time  appointed  for  the  election  shall  be 
such  two  hours  between  the  hours  of  ten  in  the 
forenoon  and  three  in  the  afternoon  as  may  be 
appointed  by  the  returning  officer,  and  the  re- 
turning officer  shall  attend  during  those  two  hours 
and  for  one  hour  after.'7  The  hours  here  referred 
to  are  hours  of  the  day  which  is  called  in  the 
Ballot  Act  "the  day  of  election,"  i.e.,  the  day 
fixed  for  receiving  nominations  (c). 

shall  be  deemed  to  be  withdrawn  within  the 
provisions  of  the  Ballot  Act,  1872. — The  pro- 
visions here  referred  to  are  the  following,  con- 
tained in  sect.  1  of  the  Ballot  Act,  1872  :— 

"  A  candidate  may,  during  the  time  appointed 
for  the  election,  but  not  afterwards,  withdraw 
from  his  candidature  by  giving  a  notice  to  that 
effect,  signed  by  him,  to  the  returning  officer: 
Provided  that  the  proposer  of  a  candidate  nomi- 
nated in  his  absence  out  of  the  United  Kingdom 
may  withdraw  such  candidate  by  a  written  notice 
signed  by  him  and  delivered  to  the  returning 
officer,  together  with  a  written  declaration  of 
such  absence  of  the  candidate." 

As  to  the  words  in  sub-section  (3),  If  after  the 
deposit  is  made  the  candidate  is  withdrawn  in 
pursuance  of  the  provisions  of  the  Ballot  Act, 
1872. — These  provisions  are  those  set  out  imme- 
diately above. 

(c)  See  Ballot  Act,  1872,  8.  1,  First  Schedule,  Part  I.,  r.  2,  and 
pp.  179—180,  supra. 


FORFEITURE  OF  CANDIDATE'S  DEPOSIT.  209 

It  should  be  observed  that  sect.  26  applies  to  a     Sect-  2Q- 
university  election  ( d). 


27. — (1)  If  a  candidate  who  has  made  Forfeiture  of 
the  required  deposit  is  not  elected,  and  the  certain  easet, 
number  of  votes  polled  by  him  does  not 
exceed,  in  the  case  of  a  constituency  return- 
ing one  or  two  members,  one-eighth  of  the 
total  number  of  votes  polled,  or  in  the  case 
of  a  constituency  returning  more  than  two 
members  one-eighth  of  the  number  of  votes 
polled  divided  by  the  number  of  members  to 
be  elected,  the  amount  deposited  shall  be 
forfeited  to  His  Majesty  ;  but  in  any  other 
case  that  amount  shall  be  returned  to  the 
candidate,  where  the  candidate  is  elected,  as 
soon  as  he  has  taken  the  oath  as  a  member, 
and,  where  the  candidate  is  not  elected,  as 
soon  as  practicable  after  the  result  of  the 
election  is  declared : 

Provided  that  where  a  candidate  is  nomi- 
nated at  a  general  election  in  more  than  one 
constituency  he  shall  in  no  case  recover  his 
deposit  more  than  once,  and  in .  such  case 
the  deposits  shall  be  forfeited  to  His  Majesty 
except  such  one  as  the  Treasury  direct  to 
be  returned  to  the  candidate. 

(2)  For  the  purposes  of  this  section  the 

(d}  See  sect.  36  (2),  p.  279,  infra. 
F.  14 


210  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect-  27»  number  of  votes  polled  shall  be  deemed  to 
be  the  number  of  ballot  papers  (other  than 
spoilt  ballot  papers)  counted  ;  and  where  the 
election  is  held  under  the  system  of  the 
transferable  vote  the  number  of  votes  polled 
by  a  candidate  shall  be  the  number  of  votes 
polled  by  him  as  first  preferences. 

NOTE. — As  to  the  words  in  sub-section  (1),  the 
required  deposit. — As  to  this,  see  the  preceding 
section  set  out  on  p.  207,  supra. 

the  amount  deposited  shall  be  forfeited  to  His 
Majesty. — It  should  be  noticed  that  by  sect. 
36  (3)  (c)  the  deposit  of  a  candidate  for  a  uni- 
versity constituency  when  forfeited  is  to  be  re- 
tained by  the  university  (e). 

As  to  the  words  in  sub-section  (2),  the  number 
of  votes  polled  shall  be  deemed  to  be  the  number 
of  ballot  papers  (other  than  spoilt  ballot  papers) 
counted. — As  to  counting  ballot  papers,  see  pp. 
182 — 200,  supra.  As  to  spoilt  ballot  papers,  see 
Ballot  Act,  1872,  First  Schedule,  rule  28,  p.  687, 
infra. 

where  the  election  is  held  under  the  system 
of  the  transferable  vote  the  number  of  votes 
polled  by  a  candidate  shall  be  the  number  of 
votes  polled  by  him  as  first  preferences. — The 
elections  here  referred  to  are  contested  elections 
for  university  constituencies  where  there  are  two 
or  more  members  to  be  elected  (/). 

(«)  See  p.  280,  infra. 

(/)  See  sect.  20  (1),  p.  155,  and  pp.  160—161,  supra. 


RETURNING  OFFICERS.  211 

As  to  "the  system  of  the  transferable  vote"     Sect.  27. 
and  "first  preferences,"  see  pp.  158 — 160,  supra. 

28.    The   returning   officer   at   a   parlia-  Returning 
mentary  election  (other  than  a  university  ° 
election)  shall,  notwithstanding  anything  in 
any  other  Act,  be  : — 

(1)  In  the  case  of  a  parliamentary  county 

which  is  coterminous  with,  or 
wholly  contained  in,  one  adminis- 
trative county,  the  sheriff; 

(2)  In  the  case  of  a  parliamentary  borough 

which  is  coterminous  with,  or 
wholly  contained  in,  a  county  of 
a  city  or  town  having  a  sheriff,  the 
sheriff,  and  in  the  case  of  the  City 
of  London,  the  sheriffs  ; 

(3)  In  the  case  of  a  parliamentary  borough 

which  is  coterminous  with,  or 
wholly  contained  in,  one  municipal 
borough  (not  being  a  county  of  a 
city  or  town  having  a  sheriff),  or 
one  metropolitan  borough,  or  one 
urban  district,  the  mayor  or  chair- 
man of  the  council,  as  the  case 
requires;  and 

(4)  In  any  other  case,  such  sheriff,  mayor, 

or  chairman,  as  may  be  designated 
for    the    purpose    by    the    Local 
Government  Board. 
14(2) 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

sect.  28.        NOTE. — (other  than  a  university  election).— 

As  to  the  returning  officer  at  a  university  election, 
see  pp.  364,  373,  infra. 

Returning  By  sect.  43  (13)  (g]  of  the  Act  it  is  provided  that 

Scotland!  sect.  28,  set  out  above,  shall  not  apply  to  Scotland, 
and  that  in  lieu  thereof  the  following  provisions 
shall  apply : — 

"  The  returning  officer  at  parliamentary  elec- 
tions (other  than  a  university  election)  shall  as 
heretofore  be  the  sheriff  of  the  sheriffdom  within 
which  the  constituency  is  wholly  situated  or, 
where  the  constituency  is  situated  in  more  than 
one  sheriffdom,  the  sheriff  specified  in  the  Seventh 
Schedule  to  this  Act "  (h). 

Returning  By  sect.  44  (10)  (i)  of  the  Act,  sect.  28,  set  out 
ireiand.m  above,  does  not  apply  to  Ireland.  In  Ireland, 
therefore,  the  law  as  to  the  persons  who  are  to 
be  returning  officers  remains  the  same  after  the 
passing  of  the  present  Act  as  it  was  before. 
Accordingly  the  following  persons  are  to  be  return- 
ing officers  in  Ireland  : — 

In  a  county,  county  of  a  city,  or  county  of  a 
town,  the  sheriff  for  such  county,  county  of  a  city, 
or  county  of  a  town  is  the  returning  officer.  In 
a  division  of  any  such  county,  or  county  of  city 
or  town,  which  is  a  separate  constituency  (/),  the 
sheriff  of  such  county,  county  of  a  city  or  town 
is  the  returning  officer. 

Where  the  sheriff  is  returning  officer  for  more 

(g)  Set  out  at  pp.  321—322,  infra. 
(7i)  See  p.  391,  -infra. 
(t)  Set  out  at  pp.  333—334,  infra. 
(/)  2  &  3  Will.  4,  c.  45,  s.  66. 


RETURNING  OFFICERS  IN  IRELAND.  213 

than  one  county,  as  defined  for  the  purposes  of  s»ct.  28. 
parliamentary  elections — i.e.,  in  counties  divided 
for  the  purpose  of  parliamentary  representation — 
he  may,  by  writing  under  his  hand,  appoint  a  fit 
person  to  be  his  deputy  for  all  or  any  of  the 
purposes  relating  to  an  election  in  any  such  county, 
arid  may,  by  himself  or  such  deputy,  exercise  any 
powers  and  do  any  things  which  the  returning 
officer  is  authorised  or  required  to  exercise  or  do 
in  relation  to  such  election  (Jc). 

Where  the  sheriff  of  a  county  dies  before  the 
expiration  of  his  year  of  office  or  before  he  is 
lawfully  superseded,  the  under- sheriff  by  him 
appointed  shall  nevertheless  continue  in  office, 
and  shall,  until  another  sheriff  is  appointed  for 
the  said  county  and  has  made  the  declaration  of 
office,  execute  the  office  of  sheriff,  in  the  name 
of  the  deceased  sheriff,  and  be  answerable  for  the 
execution  of  the  said  office  as  the  deceased  sheriff 
would  by  law  have  been  if  living  (I). 

Where  the  sheriff  of  a  county  of  a  city,  or  a 
county  of  a  town,  dies  or  becomes  incapable  of 
performing  the  duties  of  his  office,  the  council  of 
the  said  city  or  town  shall  forthwith  appoint 
another  fit  person  to  execute  the  office  (m). 

In  municipal  boroughs,  other  than  cities  and 
towns  being  counties  of  themselves,  the  mayor  is 
the  returning  officer  (ri). 

(k]  Ballot  Act,  1872,  s.  8. 

(!)  Sheriffs  Act,  1887,  8.  25  (1). 

(,/?)  Ibid.  s.  36  (1). 

(»)  3  &  4  Viet.  c.  108,  s.  84. 


214 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 


Sect.  28.  If,  when  a  mayor  is  required  to  act  as  returning' 
officer,  he  is  absent,  or  incapable  of  acting,  or* 
there  is  no  mayor,  the  council  must  forthwith 
choose  an  alderman  to  be  returning  officer  (0). 

In  boroughs  in  which  there  is  no  mayor  and 
which  are  not  counties  of  cities  or  towns,  the 
returning  officer  is  the  sheriff  of  the  county  in 
which  the  whole  or  greatest  part  of  the  borough 
is  situate  (p\ 

Whenever  from  temporary  vacancy  or  some 
other  cause  there  is  no  person  duly  qualified  to 
perform  the  duties  of  returning  officer  for .  a 
borough,  city,  or  town,  the  sheriff  of  the  county 
in  which  such  place  is  situate  is  charged  with  the 
execution  of  the  writ,  and  must  do  all  things 
incidental  to  the  office  of  returning  officer.  He 
must  not  receive  or  execute  any  writ,  however, 
unless  there  shall  be  no  person  legally  qualified 
and  competent  to  act  as  returning  officer  in  such 
borough  (q). 


Payment  of 
returning 
officers' 
expenses  by 
Treasury.  " 


29. — (1)  The  returning  officer  at  a  par- 
liamentary election  (other  than  a  university 
election)  shall  be  entitled  to  his  reasonable 
charges,  not  exceeding  the  sums  specified  in 
the  scale  of  maximum  charges  framed  under 
this  section,  in  respect  of  services  and  ex- 
penses of  the  several  kinds  mentioned  in  the 

(o)  3  &  4  Viet.  c.  108,  s.  84. 

(p)  3  &  4  Viet.  c.  108,  s.  84 ;  22  Viet.  c.  14,  s.  1. 

(?)  25  &  26  Viet.  c.  92,  s.  3. 


PAYMENT  OF  RETURNING  OFFICERS'  EXPENSES.  415 

said  scale  which  have  been  properly  rendered    sect.  29. 
or  incurred  by  him  for  the  purposes  of  or  in 
connexion  with  the  election. 

(2)  The  amount  of  any  such  charges  shall 
be  paid  by  the  Treasury  out  of  moneys  pro- 
vided by  Parliament  on  an  account  being 
submitted  to  the    Treasury   in   accordance 
with  regulations  made  under  this  section ; 
but   the  Treasury  may,   if  they  think   fit, 
before  payment  apply  to  the  court  as  defined 
by  this  section  for  the  taxation  of  the  account, 
and  the  court  shall  have  jurisdiction  to  tax 
the  account  in  such  manner  and  at  such  time 
and  place  as  the  court  thinks  fit,  and  finally 
to   determine  the  amount   payable    to    the 
returning  officer. 

On  the  request  of  the  returning  officer  for 
an  advance  on  account  of  his  charges,  the 
Treasury  may,  if  they  think  fit,  and  on  such 
terms  as  they  think  fit,  make  such  an  ad- 
vance. 

(3)  Where  an  application  is  made  for  the 
taxation  of  a  returning  officer's  account,  the 
returning  officer  may  apply  to  the  court  to 
examine   any  claim   made   by   any   person 
against  him  in  respect  of  matters  charged  in 
the   account ;    and  the  court,   after  notice 
given  to  the  claimant  and  after  giving  him 
an  opportunity  to  be  heard  and  to  tender 


216  KEPKKSENTATION  OF  THE  PEOPLE  ACT,  1918. 

Of 

sect.  29.  •  any  evidence,  may  allow  or  disallow  or  re- 
duce the  claim  objected  to,  with  or  without 
costs  ;  and  the  determination  of  the  court 
shall  be  final  for  all  purposes  and  as  against 
all  persons. 

(4)  The  Treasury  shall  prescribe  a  scale 
of  maximum  charges  for  the  purposes  of  this 
section  and  may  revise  the  scale  as  and  when 
they  think  fit,  and  may  also  make  regula- 
tions as  to  the  time  when  and  manner  and 
form  in  which  accounts  are  to  be  rendered 
to  them  for  the  purpose  of  the  payment  of 
the  charges. 

(5)  The    court   for   the  purposes  of  this 
section  shall  be,  as  respects  an  election  in 
the  City  of  London,  the  Mayor's  Court ;  and 
elsewhere  in  England  and  in  Ireland  the 
county  court  having  jurisdiction  at  the  place 
of  nomination  for  the  election  to  which  the 
proceedings  relate  ;  and  as  regards  Scotland 
"  the  court  "  shall  mean  the  Auditor  of  the 
Court  of  Session. 

NOTE. — As  to  the  words  in  sub-section  (1),  The 
returning  officer. — As  to  who  are  to  be  returning 
officers  in  England,  see  the  preceding  section, 
pp.  211—214,  supra,  and  in  Scotland  and  Ireland, 
pp.  212 — 214,  supra. 

It  should  be  observed  that  by  sect.  30  the  pro- 
visions of  sect.  29  apply  equally  to  the  acting 
returning  officer  (r). 

(r)  See  pp.  217—218,  infra. 


ACTING  RETURNING  OFFICERS.  217 

(other  than  a  university  election). — As  to  re-    Sect.  29. 
turning  officer  at  university  elections,  see  pp.  364. 
373,  infra. 

scale  of  maximum  charges. — This  is  the  scale 
referred  to  in  sect.  29  (4).  This  scale  has  not,  up 
to  the  time  of  going  to  press,  been  prescribed. 

properly  rendered  or  incurred  by  him.— Ser- 
vices would  be  properly  rendered  and  expenses 
properly  incurred  by  a  returning  officer  if  they 
were  rendered  or  incurred  in  the  fulfilment  or 
course  of  his  duties  as  returning  officer. 

As  to  the  words  in  sub-section  (2),  regulations 
made  under  this  section. — By  sect.  29  (4)  the 
Treasury  is  empowered  to  make  these  regula- 
tions, which  have  not,  however,  up  to  the  time  of 
going  to  press,  been  issued. 

the   Court   as  defined  by  this  section. — See 

sub-section  (5)  of  this  section. 

As  to  the  words  in  sub-section  (5),  the  place  of 
nomination. — As  to  this,  see  Ballot  Act,  1872, 
First  Schedule,  rules  1 ,  2,  pp.  682—683,  infra, 
and  sect.  32  of  the  present  Act,  pp.  222 — 223, 
infra. 


30.   Except  as  herein  provided  the  duties  Discharge  of 

.  returning 

oi  returning;  omcer  at  parliamentary  elec-  officers' duties 

•*  by  an  acting 

tions  (other  than  a  university  election)  shall  returning 
be  discharged  by  the  registration  officer  as 
acting  returning  officer,  and  the  acting  re- 
turning  officer  shall  have  all   the   powers, 


218  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect-  30-  duties,  rights  and  liabilities  of  the  returning 
officer  under  any  enactments  relating  to 
parliamentary  elections,  and  those  enact- 
ments (including  this  Act)  shall  have  effect 
accordingly  and  the  acting  returning  officer 
shall  have  power  to  appoint  deputies. 

This  section  shall  not  apply  to  any  duties 
which  the  returning  officer  reserves  to  him- 
self and  undertakes  to  perform  in  person. 

Any  appointment  of  a  deputy  by  the  acting 
returning  officer  shall  be  subject  to  the  ap- 
proval of  the  Local  Government  Board. 

A  returning  officer  at  a  parliamentary 
election  shall  not,  if  all  his  duties  are  dis- 
charged by  the  acting  returning  officer,  be 
disqualified  by  reason  of  being  returning 
officer  for  being  a  candidate  at  the  election. 

NOTE. — Except  as  herein  provided. — These 
words  refer  to  the  second  paragraph  of  this 
section,  i.e.  to  the  case  where  a  returning  officer 
reserves  to  himself  and  undertakes  to  perform  in 
person  the  duties  of  returning  officer. 

(other  than  a  university  election). — As  to  the 
duties  of  returning  officers  at  university  elections, 
see  pp.  364—371,  373—382,  infra. 

the  registration  officer.— See  pp.  130 — 131, 
supra. 

This  section  shall  not  apply  to  any  duties 
which  the  returning  officer  reserves  to  himself 


RETURNING  AND  ACTING  RETURNING  OFFICERS. 

and  undertakes  to  perform  in  person.— The  effect  sect.  so 
of  these  words  is  to  give  the  returning  officer  the 
right  to  reserve  to  himself  and  undertake  to  per- 
form in  person  all  or  some  of  the  duties  of  a 
returning  officer,  and  in  the  event  of  his  exer- 
cising such  right,  the  provisions  of  this  section  as 
to  the  discharge  of  the  returning  officer's  duties 
by  the  acting  returning  officer  have  no  applica- 
tion to  the  duties  so  reserved. 

A  returning  officer  at  a  parliamentary  elec- 
tion shall  not,  if  all  his  duties  are  discharged 
by  the  acting  returning  officer,  be  disqualified 
by  reason  of  being  returning  officer  for  being  a 
candidate  at  the  election. — These  words  remove 
from  a  returning  officer,  all  of  whose  duties  are 
discharged  by  the  acting  returning  officer,  the 
disqualification  which  previous  to  the  passing  of 
this  Act(w-)  attached  to  a  returning  officer  by 
reason  of  his  office.  These  words  therefore  also 
remove  the  disqualification  which  formerly  at- 
tached to  a  sheriff  from  being  a  candidate  for 
the  county  or  borough  of  which  he  was  sheriff, 
since  this  disqualification  was  the  consequence, 
not  of  his  being  sheriff,  but  returning  officer  (x\ 

Sect.  30  does  not  apply  to  Scotland,  and  in 
lieu  thereof  sect.  43  (13)Q/)  makes  special  pro- 
vision as  to  Scotland. 


(u)  Thetford,  9  Journal,  725 ;    Wal-efidd,  B.  &  Aust.  295. 

(JB)  Rutland  (1601),  Dalton,  332;  CoMs  Case  (1625),  2  White- 
locke,  357;  R.  v.  Owens  (1859),  2  E.  &  E.  91  ;  Tralee,  28  L.  R. 
Ir.  10. 

(y)  See  pp.  321—322,  infra. 


220 


Sect.  30. 


REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 

Since  sect.  30  does  not  apply  to  Scotland,  the 
existing  disqualification  of  returning  officers  from 
being  candidates  at  parliamentary  elections  (2)  is 
unaffected  as  regards  Scotland. 

Sect.  30  set  out  above  has  no  application  to 
Ireland  (a),  and  therefore,  as  in  the  case  of  Scot- 
land, the  existing  disqualification  of  returning 
officers  from  being  candidates  at  parliamentary 
elections  continues.  See  pp.  212 — 214,  supra,  as 
to  returning  officers  and  deputy  returning  officers 
in  Ireland. 


Division  of         31. — ( 1)  It  shall  be  the  duty  of  tKe  council 

constituency  .     '          .  ™  « 

into  polling     whose  clerk  is  the  registration    officer  for 

districts,  and 

appointment    any  constituency  or  by  whom  the  registra- 

of  polling  J  .  *      .  j 

places.  tion  omcer  is  appointed,  as  occasion  requires, 
to  divide  the  constituency  into  polling  dis- 
tricts, and  to  appoint  polling  places  for  the 
polling  districts,  in  such  manner  as  to  give 
to  all  electors  in  the  constituency  such  rea- 
sonable facilities  for  voting  as  are  practicable 
in  the  circumstances  : 

Provided  that,  before  dividing  any  con- 
stituency in  the  administrative  county  of 
London  into  polling  districts,  the  authority 
therefor  shall  send  a  draft  of  any  scheme  for 
that  purpose  to  the  London  County  Council, 
and  shall  take  into  consideration  any  repre- 
sentations made  to  them  by  that  Council. 

(z)  Thttford,  9  Journal,  725  ;    Wakefidd,  B.  &  Aubt.  295. 
(a)  Sect.  44  (10),  pp.  333—334,  infra. 


POLLING  DISTRICTS  AND  POLLING  PLACES. 

(2)  If  a  local  authority,  or  not  less  than    sect.  31. 
thirty  electors,   in   a   constituency  make  a 
representation    to   the    Local    Government 
Board  that  the  polling  districts  or  polling 
places  do  not  meet  the  reasonable  require- 
ments of  the  electors  in  the  constituency,  or 

any  body  of  electors,  the  Local  Government 
Board  shall  consider  the  representation,  and 
may,  if  they  think  fit,  direct  the  council 
whose  duty  it  is  to  divide  the  constituency 
into  polling  districts  to  make  such  altera- 
tions as  the  Board  think  necessary  in  the 
circumstances,  and  if  the  council  fail  to 
make  those  alterations  within  a  month  after 
the  direction  is  given  may  themselves  make 
the  alterations,  and  any  alterations  so  made 
shall  have  effect  as  if  they  had  been  made 
by  the  council. 

In  this  provision  the  expression  "  local 
authority  "  means  as  respects  any  constitu- 
ency the  council  of  any  county,  borough, 
urban  or  rural  district,  or  parish  wholly  or 
partly  situate  in  the  constituency,  or  the 
parish  meeting  of  any  parish  so  situate  where 
there  is  no  parish  council. 

(3)  On  the  exercise  of  any  powers  given 
by  this   section  the  council  by  whom  the 
powers  are  exercised  shall  send  to  the  Local 
Government  Board  a  report,  and  publish  in 
the  constituency  a  notice,  showing  the  boun- 


222  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

sect.  31.  daries  of  any  polling  districts  or  the  situa- 
tion of  any  polling  places  constituted  as  a 
result  of  the  exercise  of  the  power. 

(4)  An  election  shall  not  be  questioned  by 
reason  of  any  non-compliance  with  the  pro- 
visions   of  this   section  or   any  informality 
relative  to  polling  districts  or  polling  places. 

(5)  This  section  shall  not  apply  to  uni- 
versity constituencies. 

(6)  Nothing  in  this  section  shall  affect  any 
polling  districts  or  polling  places  constituted 
before  the  passing  of  this  Act  until  occasion 
arises  for  the  exercise  of  the  powers  given 
by  this  section. 

NOTE. — As  to  the  words  in  sub-section  (1),  the 
council  whose  clerk  is  the  registration  officer 
for  any  constituency  or  by  whom  the  registra- 
tion officer  is  appointed,  see  sect.  12  (2)  and  (4), 
pp.  130,  131,  supra. 

In  its  application  to  Scotland,  sect.  31  is  subject 
to  the  provisions  of  sect.  43  (17),  which  is  set  out 
at  p.  323,  infra. 

In  its  application  to  Ireland,  sect.  31  is  to  be 
read  subject  to  the  modifications  enacted  in  sect. 
44  (9)  (a),  (b)  and  (c).  See  pp.  332—333,  infra. 

piace  of  32.  The  place  of  election  shall  be  fixed 

for  each  constituency  (other  than  a  univer- 
sity constituency)  by  the  returning  officer, 
and  shall  be— 

(a)  if  the  constituency  is  a  parliamentary 


ELECTION  EXPENSES.  223 

borough,  or  a  division  of  a  parlia-     sect.  32. 
mentary  borough,  some  place  within 
the  borough  ;  and 

(b)  if  the  constituency  is  a  parliamentary 
county,  or  a  division  of  a  parlia- 
mentary county,  some  place  within 
the  county  or  within  a  parliamen- 
tary borough  adjoining  the  county. 

NOTE. — This  section  does  not  apply  to  Scot- 
land, but  by  sect.  43  (16),  set  out  at  p.  323,  infra, 
the  provisions  of  that  sub-section  are  substituted 
for  sect.  32.  Sect.  32  does  not  apply  to  Ire- 
land (a). 

,r~ 

33. — (1)  The   provisions   set   out  in  the  scaieofeiec- 
Fourth  Schedule  to  this  Act  shall  be  sub-  i 
stituted  for  Part  IV.  and  paragraph  (3)  of 
Part  Y.  of  the  First  Schedule  to  the  Corrupt 
and  Illegal  Practices  Prevention  Act,  1883 
(which  relate  to  the  maximum  scale  of  elec- 
tion expenses),  and  that  Act  shall  have  effect 
accordingly.1 

(2)  Any  candidate  at  a  parliamentary 
election2  shall,  subject  to  regulations  of  the 
Postmaster-General,2  be  entitled  to  send,  free 

1  See  pp.  224—264,  infra.         2  See  p.  265,  infra. 


(a)  See  sect.  44  (10),  pp.  333—334,  infra. 


2'24  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

sect.  33.  of  any  charge  for  postage,  to  each  registered 
elector  for  the  constituency,  one  postal  com- 
munication containing  matter  relating  to 
the  election  only,  and  not  exceeding  two 
ounces  in  weight : 

Provided  that  a  candidate  shall  not  be 
entitled  to  exercise  the  right  of  free  postage 
conferred  by  this  provision  before  he  is  duly 
nominated,3  unless  he  has  given  such  security 
as  may  be  required  by  the  Postmaster- 
General  for  the  payment  of  postage  in  case 
he  does  not  eventually  become  nominated. 

For  the  purpose  of  this  provision  candi- 
dates who  are,  under  paragraph  (4)  of 
Part  V.  of  the  First  Schedule  to  the  Corrupt 
and  Illegal  Practices  Prevention  Act,  1883,4 
deemed  to  be  joint  candidates  at  an  election 
shall  be  treated  as  a  single  candidate. 

NOTE. — The  First  Schedule  to  the  Corrupt  and 
Illegal  Practices  Act,  1883,  with  the  substitutions 
in  Parts  IV.  and  V.  required  by  sub-sect.  ( 1 ) 
above,  is  as  follows  (the  provisions  set  out  in  the 
Fourth  Schedule  to  this  Act,  which  contain  these 
substitutions,  being  printed  in  italics) : — 

"  PART  I. — PERSONS  LEGALLY  EMPLOYED  FOR 

PAYMENT. 

"(1.)  One  election  agent  and  no  more. 
"  (2.)  In  counties  one  deputy  election  agent  (in 

3  See  pp.  265—269,  infra.  4  See  pp.  229—230,  infra. 


PERSONS  LEGALLY  EMPLOYED  FOR  PAYMENT. 

this  Act  referred  to  as  a  sub-agent)  to  act  within     Sect.  33. 
each  polling  district  and  no  more. 

u(3.)  One  polling  agent  in  each  polling  station 
and  no  more. 

"  (4. )  In  a  borough  one  clerk  and  one  messenger, 
or  if  the  number  of  electors  in  the  borough  exceeds 
five  hundred,  a  number  of  clerks  and  messengers 
not  exceeding  in  number  one  clerk  arid  one  mes- 
senger for  every  complete  five  hundred  electors 
in  the  borough,  and  if  there  is  a  number  of 
electors  over  and  above  any  complete  five  hundred 
or  complete  five  hundreds  of  electors,  then  one 
clerk  and  one  messenger  may  be  employed  for 
such  number,  although  not  amounting  to  a  com- 
plete five  hundred. 

"  (5.)  In  a  county  for  the  central  committee  room 
one  clerk  and  one  messenger,  or  if  the  number  of 
electors  in  the  county  exceeds  five  thousand,  then 
a  number  of  clerks  and  messengers  not  exceeding 
in  number  one  clerk  and  one  messenger  for  every 
complete  five  thousand  electors  in  the  county  ; 
and  if  there  is  a  number  of  electors  over  and  above 
any  complete  five  thousand  or  complete  five  thou- 
sands of  electors,  then  one  clerk  and  one  messenger 
may  be  employed  for  such  number,  although  not 
amounting  to  a  complete  five  thousand. 

"  (6.)  In  a  county  a  number  of  clerks  and  mes- 
sengers not  exceeding  in  number  one  clerk  and 
one  messenger  for  each  polling  district  in  the 
county,  or  where  the  number  of  electors  in  a 
polling  district  exceeds  five  hundred  one  clerk 
and  one  messenger  for  every  complete  five  hundred 
F.  15 


226  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  33.  electors  in  the  polling  district,  and  if  there  is  a 
number  of  electors  over  and  above  any  complete 
five  hundred  or  complete  five  hundreds  of  electors, 
then  one  clerk  and  one  messenger  maybe  employed 
for  such  number,  although  not  amounting  to  a 
complete  five  hundred :  Provided  always,  that  the 
number  of  clerks  and  messengers  so  allowed  in 
any  county  may  be  employed  in  any  polling 
district  where  their  services  may  be  required. 

*  "  (7.)  Any  such  paid  election  agent,  sub-agent, 
polling  agent,  clerk,  and  messenger  may  or  may 
not  be  an  elector,  but  may  not  vote.* 

f  "  (8.)  In  the  case  of  the  boroughs  of  East  Ret- 
ford,  Shoreham,  Cricklade,  Much  Wenlock,  and 
Aylesbury,  the  provisions  of  this  part  of  this 
schedule  shall  apply  as  if  such  borough  were  a 
county,  t 

"PART  II. — LEGAL  EXPENSES  IN  ADDITION  TO 
EXPENSES  UNDER  PART  I. 

J  "  (1 .)  Sums  paid  to  the  returning  officer  for  his 
charges  not  exceeding  the  amount  authorised  by 
the  Act  38  &  39  Viet.  c.  84.  { 

."  (2.)  The  personal  expenses  of  the  candidate. 

"(3.)  The  expenses  of  printing,  the  expenses 

*  This  paragraph  is  repealed  by   sect.    9  (4)  (p.    115,   supra), 
sect.  47  (1)  (p.  337,  infra),  and  the  Eighth  Schedule  (p.  398,  infra) 
ofjjthe  present  Act. 

t  By  virtue  of  the  Redistribution  of  Seats  Act,  1885,  s.  2  and 
First  Schedule,  Part  I.,  these  boroughs  have  ceased  to  exist,  and 
although  that  Act  has  been  repealed  by  the  present  Act,  these 
boroughs  have  not  been  granted  separate  representation  under  the 
redistribution  effected  by  the  present  Act. 

| -£$  This  paragraph  is  repealed  by  the  present  Act.     See  sect.  47  (1 ), 
p.  337,  and  Eighth  Schedule,  p.  398,  infra. 


ELECTION  EXPENSES.  227 

of  advertising,  and  the  expenses  of  publishing,     sect.  33. 
issuing,  and  distributing  addresses  and  notices. 

"(4.)  The  expenses  of  stationery,  messages, 
postage,  and  telegrams. 

"  (5.)  The  expenses  of  holding  public  meetings. 

"(6.)  In  a  borough  the  expenses  of  one  com- 
mittee room,  and  if  the  number  of  electors  in  the 
borough  exceeds  five  hundred  then  of  a  number 
of  committee  rooms  not  exceeding  the  number 
of  one  committee  room  for  every  complete  five 
hundred  electors  in  the  borough,  and  if  there  is 
a  number  of  electors  over  and  above  any  com- 
plete five  hundred  or  complete  five  hundreds  of 
electors,  then  of  one  committee  room  for  such 
number,  although  not  amounting  to  a  complete 
five  hundred. 

"(7.)  In  a  county  the  expenses  of  a  central 
committee  room,  and  in  addition  of  a  number  of 
committee  rooms  not  exceeding  in  number  one 
committee  room  for  each  polling  district  in  the 
county,  and  where  the  number  of  electors  in  a 
polling  district  exceeds  five  hundred  one  addi- 
tional committee  room  may  be  hired  for  every 
complete  five  hundred  electors  in  such  polling 
district  over  and  above  the  first  five  hundred. 

*  . 

"  PART  III. — MAXIMUM  FOR  MISCELLANEOUS 
MATTERS. 

"  Expenses  in  respect  of  miscellaneous  matters 
other  than  those  mentioned  in.  Part  I.  and  Part  II. 
of  this  schedule  not  exceeding  in  the  whole  the 
maximum  amount  of  two  hundred  pounds,  so 

15(2) 


228  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  33.  nevertheless  that  such  expenses  are  not  incurred 
in  respect  of  any  matter  or  in  any  manner  con- 
stituting an  offence  under  this  or  any  other  Act, 
or  in  respect  of  any  matter  or  thing,  payment 
for  which  is  expressly  prohibited  by  this  or  any 
other  Act. 

"PART  IV. — MAXIMUM  SCALE. 
"  The  expenses  mentioned  above  in  Parts  1.,  II. , 
and  III.  of  this  schedule,  other  than  personal  expenses 
and  the  fee,  if  any,  paid  to  the  election  agent  (not 
exceeding  in  the  case  of  a  county  election  seventy-five 
pounds  and  in  the  case  of  a  borough  election  (c)  fifty 
pounds ,  without  reckoning  for  the  purposes  of  that 
limit  any  part  of  the  fee  which  may  have  been  included 
in  the  expenses  first  above  mentioned)  shall  not  exceed 
an  amount  equal — 

in  the  case  of  a  county  election,  to  sevenpence  for 

each  elector  on  the  register  ; 

in  the  case  of  an  election  for  a  borough,  to  fivepence 
for  each  elector  on  the  register  (d). 

"  PART  V. — GENERAL. 

*  "  (1.)  In  the  case  of  the  boroughs  of  East  Ret- 
ford,  Shoreham,  Cricklade,  Much  Wenlock,  and 
Aylesbury,  the  provisions  'of  Parts  II.,  III. 
and  IV.  of  this  schedule  shall  apply  as  if  such 
borough  were  a  county.* 

"(2.)  For  the   purposes  of   this  schedule  the 

(c)  The  words  "borough  election"  would  appear  to  include  an 
election  for  a  university  constituency.     See  p.  281,  infra. 

(d]  These  words  in  italics  are  part  of  the  Fourth  Schedule  to  the 
present  Act,  set  out  at  p.  363,  infra.     See  sect.  33  (1),  p.  223,  supra. 

*  See  footnote  (f )  on  p.  226,  supra. 


ELECTION  EXPENSES. 

number  of  electors  shall  be  taken  according  to     Sect.  33. 
the  enumeration  of  the  electors  in  the  register  of 
electors. 

"  (3.)  Where  there  are  two  or  more  joint  candidates 
at  an  election  the  maximum  amount  of  expenses  men- 
tioned in  Parts  III.  and  IV.  of  this  schedule  shall, 
for  each  of  the  joint  candidates,  be  the  amount  pro- 
duced by  multiplying  a  single  candidates  maximum 
by  one-and-a-half  and  dividing  the  result  by  the  number 
of  joint  candidates  (f). 

"(4.)  Where  the  same  election  agent  is  ap- 
pointed by  or  on  behalf  of  two  or  more  candidates 
at  an  election,  or  where  two  or  more  candidates, 
by  themselves  or  any  agent  or  agents,  hire  or  use 
the  same  committee  rooms  for  such  election,  or 
employ  or  use  the  services  of  the  same  sub-agents, 
clerks,  messengers,  or  polling  agents  at  such  elec- 
tion, or  publish  a  joint  address  or  joint  circular 
or  notice  at  such  election,  those  candidates  shall 
be  deemed  for  the  purposes  of  this  enactment  to 
be  joint  candidates  at  such  election. 
u  Provided  that— 

u  (a)  The  employment  and  use  of  the  same 
committee  room,  sub-agent,  clerk, 
messenger,  or  polling  agent,  if  acci- 
dental or  casual,  or  of  a  trivial  and 
unimportant  character,  shall  not  be 
deemed  of  itself  to  constitute  persons 
joint  candidates. 

"  (b)  Nothing  in  this  enactment  shall  prevent 
candidates  from  ceasing  to  be  joint 
candidates. 

(/)  See  footnote  (d)  on  preceding  page. 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  33.  "  (c)  Where  any  excess  of  expenses  above  the 

maximum  allowed  for  one  of  two  or 
more  joint  candidates  has  arisen  owing 
to  his  having  ceased  to  be  a  joint 
candidate,  or  to  his  having  become  a 
joint  candidate  after  having  begun  to 
conduct  his  election  as  a  separate  can- 
didate, and  such  ceasing  or  beginning 
was  in  good  faith,  and  such  excess  is 
not  more  than  under  the  circumstances 
is  reasonable,  and  the  total  expenses 
of  such  candidate  do  not  exceed  the 
maximum  amount  allowed  for  a  sepa- 
rate candidate,  such  excess  shall  be 
deemed  to  have  arisen  from  a  rea- 
sonable cause  within  the  meaning  of 
the  enactments  respecting  the  allow- 
.  ance  by  the  High  Court  or  election 
court  of  an  exception  (/)  from  the  pro- 
visions of  this  Act  which  would  other- 
wise make  an  act  an  illegal  practice, 
and  the  candidate  and  his  election 
agent  may  be  relieved  accordingly 
from  the  consequences  of  having  in- 
curred such  excess  of  expenses." 

In  order  to  understand  the  meaning  and  effect 
of  sect.  33  of  the  present  Act  and  the  First 
Schedule  to  the  Corrupt  and  Illegal  Practices 
Act,  1883,  as  altered  by  such  section,  it  is  neces- 


(/)  See  sect.  23  of  the  Corrupt  and  Illegal  Practices  Act,  1883, 
under  which  the  Court  has  power  to  except  an  expenditure  in 
excess  of  the  maximum  from  being  an  illegal  practice. 


ELECTION  EXPENSES.  231 

sary  to  notice  sect.  8  of  the  Corrupt  and  Illegal    sect.  33. 
Practices  Act,  1883,  which  is  as  follows : — 

"(1.)  Subject  to  such  exception  (g)  as  may  be 
allowed  in  pursuance  of  this  Act,  no  sum  shall  be 
paid  and  no  expense  shall  be  incurred  by  a  can- 
didate at  an  election  or  his  election  agent,  whether 
before,  during,  or  after  an  election,  on  account  of 
or  in  respect  of  the  conduct  or  management  of 
such  election,  in  excess  of  any  maximum  amount 
in  that  behalf  specified  in  the  First  Schedule  to 
this  Act. 

"(2.)  Any  candidate  or  election  agent  who 
knowingly  acts  in  contravention  of  this  section 
shall  be  guilty  of  an  illegal  practice/' 

Sect.  33  of  the  present  Act  deals  with  the  maxi- 
mum amount  which  a  candidate  is  allowed  to 
spend  on  election  expenses  by  referring  to  the 
First  Schedule  to  the  Corrupt  and  Illegal  Prac- 
tices Act,  1883,  and  incorporating  in  that  Schedule 
certain  new  provisions  in  substitution  for  existing 
provisions  therein.  For  the  sake  of  completeness 
and  clearness  it  may  be  useful  to  deal  generally 
in  the  present  Note  with  the  subject-matter  of 
that  Schedule. 

The  maximum  amount  which  a  candidate  at  a 
parliamentary  election  can  legally  spend  must  be 
calculated  according  to  the  scale  set  forth  in 
Part  IV.  (as  altered  (h)  by  the  present  Act)  of  the 
First  Schedule  to  the  Corrupt  Practices  Act,  1883, 
which  is  set  out  on  p.  228  above. 

The  expenses  in  respect  of  which  this  maximum 

(g]  See  sect.  23  of  the  Corrupt  and  Illegal  Practices  Act,  1883. 
(//)  See  sect.  33  (1)  of  the  present  Act,  p.  223,  supra. 


232  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  38.  amount  can  be  legally  incurred  are  those  men- 
tioned in  Parts  I.,  II.  and  III.(^).  excluding  from 
such  maximum  amount  personal  expenses  (A),  the 
additional  fee  if  any  paid  to  the  election  agent  (i  \ 
and  the  expenses  of  conveying  voters  by  sea  in 
order  to  reach  the  polling  place  if  such  conveyance 
is  necessary  (/). 

It  should  be  remembered  that  the  amount  not 
exceeding  200/.  allowed  under  the  heading  of 
miscellaneous  expenses  in  Part  III.  (k)  of  the  First 
Schedule  to  the  Corrupt  Practices  Act,  1883,  must 
be  reckoned  as  part  of  the  maximum  amount  cal- 
culated according  to  the  scale  in  Part  IV.  (7). 

The  personal  expenses  which  are  allowed  to  be 
excluded  from  the  maximum  amount  are  "  per- 
sonal expenses  incurred  by  him  (the  candidate) 
on  account  of  or  in  connexion  with  or  incidental 
to  (the)  election  to  an  amount  not  exceeding  one 
hundred  pounds  "  (m). 

The  additional  fee,  if  any,  paid  to  the  election 
agent,  apart  from  any  fee  included  in  the  expenses 
mentioned  in  Parts  I.,  II.  and  III.  (g]  of  the  First 
Schedule,  must  not  exceed  in  the  case  of  a  county 
election  75/.,  and  in  the  case  of  a  borough  election 
50/.  (/). 

As  to  Part  I.  of  the  First  Schedule  to  the  Corrupt 
Practices  Act,  1883  (set  out  at  pp.  224—226, 

(</)  Set  out  on  pp.  224 — 228,  supra. 

(A)  Part  H.  (2)  and  Part  IV.  of  First  Schedule  to  Corrupt  Prac- 
tices Act,  1883,  set  out  on  pp.  226  and  228,  supra. 
(t)  Part  IV.,  p.  228,  supra. 
(V )  Corrupt  Practices  Act,  1883,  s.  48. 
(k)  Set  out  on  pp.  227—228,  supra. 
(1}  See  Part  IV.  set  out  at  p.  228,  supra, 
(m)  Corrupt  Practices  Act,  1883,  s.  31  (1) ;  see  also  ibid.  s.  64. 


PERSONS  LEGALLY  EMPLOYED  FOR  PAYMENT.  233 

supra),  u  Persons  legally  employed  for  payment" —  Sect.  33. 
In  addition  to  the  persons  here  referred  to,  a 
candidate  may  legally  employ  any  person  whose 
employment  arises  in  consequence  of  the  candi- 
date incurring  any  of  the  expenses  authorised 
(1)  under  Part  II.  (»>  of  the  First  Schedule  to  the 
Corrupt  Practices  Act,  1883,  unless  such  employ- 
ment is  otherwise  prohibited,  or  (2)  under  sect.  48 
of  that  Act  in  the  conveyance  of  voters  by  sea  in 
the  cases  specified  in  such  section. 

Where  a  county  or  borough  is  divided,  each 
division  is  considered  a  separate  constituency  (0). 

If  the  candidate  employs  any  person  for 
payment  other  than  those  mentioned  above, 
he  is  guilty  of  an  illegal  practice  (j»),  and  if 
elected  his  election  will  be  void  (q).  Further,  on 
summary  conviction  he  is  liable  to  a  fine  of 
100/.  (r),  and  if  reported  guilty  by  an  election 
court  is  incapable  for  seven  years  of  being 
elected  to  or  sitting  in  the  House  of  Commons 
for  the  county  or  borough  within  which  the  illegal 
practice  has  been  committed  (q\  and  in  both 
cases  (q)  he  is  also  incapable  for  five  years  of 
being  registered  as  an  elector,  or  voting  at  any 
parliamentary  election,  or  election  for  a  public 
office  (s),  held  for  or  within  the  county  or  borough 

(«)  Set  out  on  pp.  226—227,  supra. 

(«)  Sect.  37  (1)  (2),  and  sect.  41  (l),pp.  282  and  305  respectively. 

(p)  Corrupt  Practices  Act,  1883,  s.  21  (2). 

(q)  Ibid.  8.  11. 

(r]  Ibid.  68.  10,  43  (4). 

(s)  Ibid.  s.  64. 


234  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  33.     within  which  the  illegal  practice  has  been  com- 
mitted. 

Where  a  person  is  primarily  employed  in  one 
capacity  he  is  not  prohibited  from  doing  work  in 
another  capacity,  provided  that  the  employment 
is  not  a  device  for  evading  the  Corrupt  Practices 
Act.  Thus,  in  Elgin  and  Nairn  (t)  it  was  proved 
that  M.  had  been  appointed  one  of  the  respondent's 
polling  agents,  and  had  been  paid  seventeen  guineas 
for  his  services.  M.  was  acquainted  with  most  of 
the  voters  in  the  district,  and  he  admitted  that 
both  on  the  polling  day  and  previous  to  it  he  had 
urged  voters  to  vote.  Counsel  contended  that  M. 
was  substantially  a  sub-agent,  and  that  his  appoint- 
ment was  a  breach  of  sect.  17  of  the  Act  of  1883. 
The  Court  decided  against  this  contention,  and  in 
giving  judgment  Lord  McLaren  said  (u) :  "The 
objection  is,  not  that  the  total  number  of  salaried 
agents  authorised  by  the  statute  was  exceeded, 
but  that  while,  ex  facie  of  the  letters  of  appoint- 
ment, Mr.  Gr.  had  no  more  agents  of  the  various 
classes  than  the  statute  authorised,  yet  the  per- 
sons were  employed  and  paid  nominally  in  one 
capacity,  but  with  the  intention,  arid,  I  suppose, 
under  contract,  that  they  should  render  services 
in  another  capacity.  Now,  the  enactment  that  is 
said  to  have  been  violated  is  sect.  17  of  the  Act 
of  1883,  and  that  section  prohibits  the  engage- 
ment or  the  employment  for  payment  for  any 
purpose  or  in  any  capacity,  except  for  any  pur- 

(0  (1895),  50.  &H.  13,  14. 
(«)  Ibid,  at  pp.  13,  14,  15. 


PERSONS  LEGALLY  EMPLOYED  FOK  PAYMENT. 


235 


poses  or  capacities  mentioned  in  the  First  and 
Second  Schedules  thereof ;  the  persons  who  may 
be  employed  as  enumerated  in  the  Schedule  are 
an  election  agent,  who  has  the  supervision  of  the 
candidate's  affairs  generally,  and  then  for  each 
district  there  may  be  a  sub-agent,  a  polling  agent, 
a  clerk,  and  a  messenger.  The  duties  of  these 
officers  are  not  very  strictly  defined.  I  do  not 
think  there  is  any  definition  of  the  duties  of  a 
sub-agent,  but  it  sufficiently  appears  that  he  is  a 
person  through  whom  payments  may  be  made  at 
the  request  of  the  principal  agent.  In  all  other 
respects  his  agency  seems  to  be  perfectly  general 
...  a  polling  agent  is  a  person  who  is  to  repre- 
sent a  candidate  in  the  polling  booth  to  detect 
personation.  .  .  .  The  general  and  leading  pur- 
pose, I  think,  of  sect.  17  is  to  keep  down  expen- 
diture by  prohibiting  the  employment  of  a  larger 
number  of  persons  than  are  mentioned  in  the 
Schedule.  It  may  very  well  be  that  the  clause 
would  also  prohibit  the  employment  for  money 
of  an  agent  to  perform  additional  duties  to  those 
which  are  indicated  by  his  name  or  by  his  descrip- 
tion ;  but  in  order  to  invalidate  an  election  because 
an  agent  has  performed  duties  additional  to  those 
for  which  he  is  expressly  engaged,  it  would  be 
necessary,  at  least,  that  we  should  have  a  case 
very  clearly  proved ;  and  it  is  evident  that  it 
would  always  be  extremely  difficult  to  establish 
a  case  of  that  description  of  colourable  employ- 
ment of  a  man  in  one  capacity,  in  order  that  he 
might  perform  duties  in  another  capacity  .  .  . 


Sect.  33. 


236  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  33.  as  I  read  the  Election  Acts,  the  employe  is  in  no 
way  inhibited  from  using  his  personal  exertions 
as  an  elector  to  influence  the  votes  of  other  elec- 
tors ;  nor,  so  far  as  I  see,  is  there  any  restriction 
on  the  right  of  a  paid  agent  or  officer  to  render 
services  to  the  candidate  such  as  he  may  think 
fitting,  except  that  he  cannot  be  employed  in  the 
payment  of  election  expenses  unless  he  is  the 
sub-agent." 

In  Lichfield(x)  Pollock,  B.,  said :  "  It  was  fairly 
admitted  by  counsel  that  some  of  the  persons  who 
were  employed  as  clerks  had  acted  as  canvassers. 
The  question,  therefore,  is  whether  that  was  done 
honestly  or  was  culpable.  It  is  not  because  a 
man,  who  is  employed  to  act  as  a  clerk  for  only 
part  of  the  day,  or  for  some  possibly  trivial  or 
small  matters,  such  as  the  directing  of  envelopes, 
or  what-not ;  it  is  not  because  he  occupies  that 
time  which  is  his  own  that  he  is  to  be  robbed  of 
the  ordinary  right  of  a  citizen  to  go  about  and 
take  an  interest  in  an  election  where  he  cares  for 
the  politics  involved,  and  to  canvass.  The  ques- 
tion, therefore,  in  this  case,  as  in  others,  is :  Was 
there  a  canvassing  either  by  the  direct  direction 
of  the  sitting  member  or  his  agent,  or  by  their 
knowledge,  in  the  sense  that  they  not  merely 
knew  that  there  was  canvassing  done,  in  fact, 
.  .  .  but  that  the  canvassing  was  such  that  the 
fair  assumption  would  be  that  it  was  illegal  ?  As 
to  that  I  entirely  agree  with  the  judgment  in  the 
Elgin  case(^)." 

(x)  (1895),  5  0.  &  H.  at  pp.  28,  29.  (//)  Ibid.  p.  13. 


PERSONS  LEGALLY  EMPLOYED  FOR  PAYMENT. 

Where  persons  are  bon&  fide  employed  in  a  Sect  33. 
manner  not  forbidden  by  the  law,  e.g.  to  take  out 
and  deliver  bills,  this  will  not  make  them  mes- 
sengers. On  the  other  hand,  if  their  employ- 
ment in  regard  to  the  bills  is  a  mere  device  to 
evade  the  provisions  of  the  Corrupt  Practices  Act 
as  to  the  number  of  messengers  who  may  be  em- 
ployed, the  employment  would  be  illegal.  The 
same  observations  apply  to  the  employment  of 
persons  who  are  legally  employed  for  any  pur- 
pose, and  who  happen  to  be  employed  to  do  the 
copying  work.  This  does  not  make  them  clerks 
unless  the  employment  is  colourable,  and  for  the 
purpose  of  evading  the  Act. 

In  the  words  of  Cave,  J.,  in  Pontefract  (#) : 
"  The  number  of  clerks,  that  is  to  say,  the  persons 
who  attend  upon  the  committee,  is  limited.  The 
number  of  messengers  who  are  supposed  to  go  on 
messages  from  one  committee  room  to  another, 
or  to  fetch  a  particular  individual  who  happens  to 
be  wanted,  is  also  limited.  On  the  other  hand, 
mere  clerical  work  has  not  in  every  case  to  be 
done  by  clerks ;  but  obviously,  if  they  have  other 
duties,  you  may  employ  persons  who  give  them- 
selves out  for  doing  clerical  work  to  do  it,  and 
the  mere  fact  that  they  are  employed  to  do 
clerical  work,  writing  addresses,  cbpying  out 
documents,  or  things  of  that  kind,  does  not  at 
all,  in  my  judgment,  necessarily  make  them  clerks ; 
nor  again,  if  other  persons  are  employed  to  take 
out  and  deliver  bills,  does  that  make  them,  in  my 

(z)  (1893),  Day's  Election  Cases,  pp.  129,  130. 


238 


REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 


Sect.  33. 


Canvassing, 
handbills, 
addresses, 
and  notices. 


judgment,  messengers.  In  both  these  cases,  no 
doubt,  if  there  is  only  colourable  employment  of 
these  people,  if  there  is  an  intention  of  evading 
the  Act,  it  would  bring  the  offender  at  once 
within  its  provisions." 

In  Stepney  Division  (a\  in  the  recriminatory 
case,  it  was  proved  that  about  twenty  men  were 
employed  by  the  petitioner's  agent  to  distribute 
on  the  polling  day  in  the  neighbourhood  of  the 
polling  stations  handbills,  twelve  inches  long  by 
eight  inches  broad,  headed,  "  Stepney  Election, 
Thursday,  November  26.  From  8  a.m.  to  8  p.m. 
Facts  worth  remembering  at  the  poll."  Then 
followed  six  paragraphs  containing  certain  state- 
ments about  the  qualifications  of  the  petitioner  to 
be  elected,  and  concluding  thus :  "  Mr.  I.  will  be 
the  winning  candidate  if  his  friends  will  poll 
early  and  mark  their  voting  papers  thus."  Then 
followed  a  copy  of  the  ballot  paper  with  the 
respondent's  name  in  very  small  letters,  and  the 
petitioner's  name  in  very  large  letters,  with  a  X 
after  it.  Denman,  J.,  said  that  these  bills  would 
be  most  appropriately  described  as  "  canvassing 
handbills,"  but  the  judges  were  divided  in  opinion 
as  to  whether  it  was  an  illegal  practice  or  expense 
to  distribute  bills  of  this  kind. 

In  B 'arrow-in-  Fur ness  (#),  the  respondent  and  his 
agent  had  incurred  expense  and  employed  people 
in  distributing,  posting,  or  printing  documents, 
which  included  a  letter  written  by  a  distinguished 


(a)  (1886),  4  0.  &  H.  52. 
(fe)  Ibid.  76. 


PERSONS  LEGALLY  EMPLOYED  FOR  PAYMENT.  239 

statesman  to  an  alderman  of  the  borough  and  Sect- 33- 
notices  "  Vote  for  Duncan"  ;  and  the  Court,  having 
regard  to  other  parts  of  the  Corrupt  Practices  Act, 
1883,  such  as  sect.  18,  held  that  such  expense 
was  not  illegal,  and  that  such  documents  were 
"  addresses  and  notices  "  under  Part  II.  of  the 
First  Schedule.  The  Court  intimated,  however, 
that  offensive  pictures  and  statements  might  be 
illegal. 

In  Finsbury(c)  counsel  for  the  petitioner  ob-  Billposters. 
jected  to  the  votes  of  two  persons  as  having  been 
employed  by  the  respondent  as  bill-posters.  It 
appeared  that  the  men  carried  on  business  as  bill- 
posters, and  contracted  with  the  respondent  to 
post  bills  on  his  behalf .  Cave,  J.,  said(J):  "If 
the  work  is  of  a  kind,  which  can  be  done  for 
both  parties  it  does  not  disqualify.  These  men 
were  not  engaged  in  an  employment  requiring 
personal  service,  and  which,  therefore,  could  not 
be  rendered  to  both  sides  at  the  same  time.  They 
were  bill-posters,  and  were  not  bound  to  go  and 
post  bills  with  their  own  hands.  They  might  post 
them  themselves  if  they  liked,  or  might  employ 
men,  as  they  in  fact  did,  to  post  them.  It  is  all 
a  question  for  the  contractor  how  he  will  fulfil 
his  contract,  and  he  is  not  bound  to  abstain  from 
posting  the  bills  himself  if  he  likes  to  do  so." 
Vaughan  Williams,  J.,  said(»:  "  ID  30  &  31 
Viet.  c.  102,  s.  11,  the  disqualifying  words  are 

(c)  (1892),  4  0.  &  H.  176. 

(d)  Ibid.  177. 
(«)  Ibid. 


canvassers. 


240  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  33.  i  agent,  canvasser,  clerk,  messenger,  or  other 
like  employment.'  That  means  an  employment 
ejusdem  generis,  and  I  do  not  think  these  gentlemen 
were  employed  in  any  employment  of  that  kind." 
Payment  of  The  payment  of  canvassers  is  an  illegal  pay- 
ment, and  if,  under  the  guise  of  canvassing  for 
registration,  men  are  sent  out  by  the  candidate, 
his  election  agent,  or  sub-agent,  to  canvass  for 
the  election  and  are  paid  for  such  canvassing,  this 
would  be  an  illegal  practice,  which  would  con- 
sequently make  the  election  void(/). 

In  Rochester (g)  Cave,  J.,  said:  u  No  less  than 
300  persons  of  the  lower  class  of  voters  have  been 
employed  going  about  with  what  purports  to  be  a 
canvassing  book,  but  which  appears  to  have  been 
employed  for  registration  purposes.  If  they  were 
all  paid  at  5s.,  as,  admittedly,  the  man  Knight 
was  paid,  if  they  did  no  more  work  than  Knight 
did,  I  should  have  very  little  hesitation  in  coming 
to  the  conclusion  that  the  whole  of  that  employ- 
ment was  collusive,  and  that  that  was  a  case  of 
bribery  on  a  very  extensive  scale.  Fortunately 
for  the  respondent,  that  is  not  the  way  in  which 
it  was  put  before  us  in  the  particulars." 

No  illegal  act  is  committed,  however,  if  there- 
is  only  that  species  of  canvassing  which  is  con- 
nected with  registration,  and  not  that  kind  of 
canvassing  which  attends  upon  an  election  (Ji). 

(/)  Per  Cave,  J.,  in  Stepney  (Borough]  (1892),  Day's  Election 
Cases,  119.  See  also  p.  236,  supra. 

(g)  (1892),  Day's  Election  Cases,  102—103. 

(A)  Per  Cave,  J.,  in  Stepney  (Borough]  (1892),  Day's  Election 
Cases,  119. 


PERSONS  LEGALLY  EMPLOYED  FOR  PAYMENT. 

In  Ipswich  (i)  it  was  held  illegal  to  hire  persons    sect.  33. 
to  keep  order  at  meetings.     On  the  other  hand,  Employment 

.    i  ,  i   •       i  •  i  i  °f  persons  to 

there  can   be  no  objection  to  the  employment  keep  order, 
of  unpaid  volunteers  to  put  down  disturbances, 
and  where  any  serious  disorder  is  apprehended  it 
may  be  a  wise  proceeding  to  swear  in  such  volun- 
teers as  special  constables  "  (£). 

"  If  a  man  were  so  obnoxious  to  his  fellows 
that  they  could  not  resist  the  desire  to  fall  upon 
him  and  do  him  an  injury  whenever  they  met 
him,  even  if  it  were  at  a  public  meeting  at  which 
they  would  otherwise  have  behaved  themselves 
in  an  orderly  manner,  he  would  not  be  guilty  of 
an  illegal  practice  if  he  were  to  pay  men  to 
protect  him  "(7). 

In  Barrow-in-Furness(m}  it  was  proved  that  at  Payment  may 

11,11-  „        be  in  kind. 

a  meeting  summoned  by  the  election  agent  ior 
the  respondent,  at  which  about  400  persons  were 
present,  it  was  agreed,  with  the  sanction  of  the 
respondent  and  the  election  agent,  to  provide 
refreshments  on  the  polling  day,  at  the  expense 
of  the  respondent,  to  441  persons  who  were 
designated  "  workers,"  and  who  were  to  take  an 
active  part  in  the  election  on  behalf  of  the  respon- 
dent. Of  the  persons  who  partook  of  the  re- 
freshment 226  were  voters.  The  refreshments 
consisted  of  a  pork  pie,  a  sandwich,  and  a  cup  of 
coffee  for  each  person,  and  were  distributed  in 
the  various  committee  rooms. 

(i)  (1886),  4  0.  &  H.  74. 
(k)  Ibid,  per  Cave,  J. 
(Z)  Ibid.  72,  73. 
(m)  Ibid.  78,  79. 
F.  16 


243  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

sectjss.  The  Court  held  that  there  had  been  illegal 
payment  within  the  meaning  of  sect.  IT  of  the 
Corrupt  Practices  Act,  and,  as  the  employment 
was  by  the  respondent  and  his  election  agent, 
that  there  had  been  an  illegal  practice,  and  the 
election  was  therefore  declared  void. 

As  to  Parts  II.  and  III.  (m)  of  the  First  Schedule 
to  the  Corrupt  Practices  Act,  1883,  and  the  general 
principles  as  to  what  constitute  election  expenses. — As 
was  indicated  above  (w),  the  First  Schedule  to  the 
Corrupt  arid  Illegal  Practices  Act,  1883,  must  be 
read  with  sect.  8  (o)  of  that  Act.  In  that  section 
occur  the  words,  "  expenses  incurred  on  account 
of  or  in  respect  of  the  conduct  or  management  of 
such  election." 

What,  then,  do  these  words  include  ?  First,  in 
order  to  understand  their  meaning,  it  is  necessary 
to  know  when  the  election  begins  and  when  it 
ends. 

As  to  the  question  When  does  the  election 
begin  ?  the  Courts  have  consistently  refused  to 
lay  down  any  definite  rule  on  the  point.  Each 
case  must  be  considered  with  reference  to  its  par- 
ticular circumstances  (p).  The  Court  will  take  into 
consideration  the  whole  of  the  facts,  the  nature, 
extent,  and  amount  of  the  work  done,  and  of  the 
expenses  incurred  ;  the  question  how  far  the 
operations  of  the  candidate  were  continuous  up 

(ni)  Set  out  on  pp.  226—228,  supra. 

(n)  See  pp.  230—231,  supra. 

(o)  Set  out  at  p.  231,  supra. 

(p)  See  the  observations  of  Lawrance,  J.,  and  Pickford,  J.,  in 
East  Dorset  (1910),  6  0.  &  H.  at  pp.  39,  40,  and  pp.  49,  50,  respec- 
tively. 


WHEN  DOES  THE  ELECTION  BEGIN  ?  243 

to  the  election  or  were  intermittent ;  and,  above     Sect.  38. 
all,  whether  the  evidence  goes  to  show  that  every- 
thing has  been  done  in  good  faith,  or  whether, 
on  the  other  hand,  it  shows  an  attempt  to  evade 
the  Corrupt  Practices  Act. 

"It  is  impossible  to  say  that  only  those  expenses 
are  to  be  returned  which  are  incurred  after  the 
writ  is  issued.  The  time  which  elapses  in  many 
cases  between  the  issue  of  the  writ  and  the  date 
of  the  election  (q)  is  too  short  to  admit  of  the  neces- 
sary preparations  being  made  for  conducting  the  . 
election,  and  it  is  absolutely  essential  that  pre- 
parations of  that  kind  should  be  begun  and 
expenses  should  be  incurred  in  anticipation  of 
the  issue  of  the  writ.  There  is  nothing  in  the 
Act  which  forbids  expenses  being  incurred  before 
the  issue  of  the  writ ;  there  is  nothing  in  the  Act 
which  forbids  the  candidate  to  incur  such  expenses. 
The  Act,  no  doubt,  requires  that  they  should  be 
paid  by  the  election  agent,  and  so  long  as  they 
are  paid  by  the  election  agent  it  does  not  re- 
quire that  they  should  in  all  cases  be  incurred 
by  him"  (r). 

"  For  some  reason,  good  or  bad,"  said  Lord 
Kyllachy  in  Elgin  and  Nairn  (s\  u  the  Legislature 
has  confined  the  enactment  to  expenses  which  can 
be  attributed  to  the  i  conduct  and  management  of 
the  election ' ;  and  these  words,  as  it  seems  to  me, 
at  least  suggest  and  contemplate  an  election,  which 
is  not  in  nubibus,  but  is  reasonably  imminent.  .  .  . 

(q)  See  pp.  179 — 180,  supra.  v 

(r)  Per  Cave,  J.,  in  Rochester  (1892),  5  0.  &  H.  at  p.  159. 
(«)  (1895),  5  0.  &  H.  at  pp.  10,  12. 
16(2) 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  33.  Accordingly,  while  I  think  that  the  Act  indicates 
plainly  enough  the  kind  of  period  which  it  con- 
templates, it  contains  nothing  in  the  shape  of 
hard-and-fast  definition  ;  and,  that  being  so,  I 
apprehend  the  result  is  that  it  is  left  to  us,  as 
election  judges,  and  it  becomes  our  duty,  to  con- 
sider each  case  with  respect  to  its  own  facts,  and 
to  say  in  each  case  whether  or  not  special  circum- 
stances exist  requiring  us  to  hold  that  the  election 
began  prior  to  what  I  may  call  the  normal  period. 
In  considering  that  question  I  apprehend  we  are 
to  have  regard  to  the  whole  facts — the  nature  of 
the  work  done,  and  of  the  expenses  incurred ;  the 
extent  and  amount  of  that  work,  and  of  those 
expenses ;  the  question  how  far  the  operations  of 
the  candidate  were  continuous  up  to  the  election 
or  were  intermittent,  taking  the  shape  merely  of 
periodical  visits  to  the  constituency.  Above  all, 
we  are,  I  apprehend,  to  have  regard  to  this, 
whether  we  have  before  us  evidence  of  any  at- 
tempt to  evade  the  Act — evidence,  for  example, 
of  profuse  expenditure  purposely  antedated,  so  as 
to  escape  the  Act ;  or  whether,  on  the  other  hand, 
everything  appears  to  have  been  done  in  good 
faith,  and  in  ordinary  course,  the  pre-election 
operations  and  pre-election  expenditure  being  on 
the  whole  fair  and  reasonable — that  is  to  say,  fair 
and  reasonable,  having  regard  to  the  position  of 
the  candidate  and  the  character  of  the  con- 
stituency." 

In  the  same  case,  Lord  McLaren  said  (r) : — 
Conduct  or  management  of  such  election ' 

(r)  (1895),  5  0.  &  H.  at  pp.  5,  6. 


u  i 


WHEN  DOES  THE  ELECTION  BEGIN  ?  245 

means  a  definite  election  within  the  knowledge  Sec*-  33.^ 
and  contemplation  of  the  parties  who  are  engaged 
in  conducting  and  managing  it.  ...  Again,  there 
may  be  a  case  of  an  unexpected  death  vacancy, 
where  an  election  could  not  be  in  the  thoughts  of 
the  people,  until  the  vacancy  occurred ;  but  there 
may  be  intermediate  cases,  and  the  late  general 
election  sufficiently  illustrates  my  meaning— the 
case  where  there  is  a  vote  in  the  House  of  Com- 
mons adverse  to  the  Ministry,  and  where  from  the 
moment  when  that  vote  is  announced  everyone  is 
looking  forward  to  a  dissolution  of  Parliament, 
with  a  view  to  determining  whether  the  Govern- 
ment of  the  day  is  to  continue  to  enjoy  the 
confidence  of  the  country.  1  should  certainly 
hold  that  from  that  time  the  election  had  begun 
in  the  sense  of  the  sections  we  are  considering. 
I  do  not  say  that  it  may  not  be  begun  at  an 
even  earlier  period.  If,  for  example,  a  candidate, 
not  proceeding  upon  any  public  and  patent  facts, 
but  trusting  to  his  own  political  sagacity  and 
looking  round  the  political  horizon,  thinks  that 
an  election  is  imminent,  and  proceeds  to  institute 
what  is  called  a  canvass  of  the  constituency,  which 
he  continues  without  intermission  down  to  the 
election,  it  may  very  well  be  that  in  such  a  case 
his  own  judgment  as  to  when  it  is  necessary  to 
attend  to  his  electoral  interests  shall  be  taken  as 
fixing  the  commencement  of  that  particular  elec- 
tion. I  think  I  have  said  enough  to  indicate  that  , 
in  the  view  of  the  statute  which  I  adopt,  it  is 
impossible  to  lay  down  any  definite  term  or  to 


246  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.jss.  deal  with  this  otherwise  than  as  a  question  of  fact 
in  which  the  general  political  history  of  the  period 
and  the  conduct  of  the  individual  candidate  are 
both  to  be  taken  into  account." 

In  a  subsequent  case,  Pollock,  B.,  said (5),  after 
referring  to  this  judgment: — "I  entirely  agree 
with  Lord  McLaren  when  he  said  that  what  is 
meant  by  an  election  is  a  definite  election  within 
the  knowledge  and  contemplation  of  the  par- 
ties  " 

"I  think,"  said  Hawkins,  J.,  in  Walsall(t), 
"  the  limit  of  time  to  which  we  ought  to  apply 
our  minds  is  a  period  commencing  from  the  time 
when  it  was  first  known  that  the  respondent 
announced  his  intention  to  present  himself  as 
a  candidate  for  election  at  the  next  ensuing 
election." 

"  As  soon  as  a  candidate  begins  to  hold  meet- 
ings in  the  constituency  to  advance  his  candi- 
dature—in other  words,  as  soon  as  he  begins  to 
take  measures  to  promote  the  election — the  elec- 
tion commences.  ...  I  therefore  hold,"  said 
Bruce,  J.,  in  Lichfield(u\  "  that  the  expenses  of 
that  meeting,  and  the  expenses  incurred  after 
that  date  to  promote  Mr.  F.'s  candidature,  were 
election  expenses,  and  that  there  was  a  neglect 
to  comply  with  the  requirements  of  the  statute  in 
not  returning  those  expenses." 


(a)  Lichfield  (1895),  6  0.  &  H.  at  p.  35. 

(0  (1892),  4  O.  &H.  at  p.  125;    approved  by  Pollock,  B.,  in 
Lichfield  (1895),  5  0.  &  H.  p.  36. 
(u)  (1895),  5  O.  &  H.  at  pp.  37,  38. 


WHEN  DOES  THE  ELECTION  BEGIN  ?  247 

In  Lancaster  (x),  a  year  later,  Pollock,  B.,  said  : —     Sect.  83. 

"I  must  say,  with  all  who  have  gone  before 
me,  in  giving  judgment  upon  this  point,  the 
statute  does  not  state  when  the  election  begins. 
It  says  many  things  as  to  the  appointment  of  an 
agent  and  the  incurring  of  election  expenses, 
which  might  point,  with  the  words  '  or  manage- 
ment of  the  election,'  to  this  meaning — that  the 
election  did  not  commence  until  there  was  an 
actual  election,  and  an  election  agent  actually 
appointed  ;  but  the  judges  have  not  accepted  that 
construction.  The  judges  have  very  properly  re- 
jected it,  and  they  have  said,  i  We  can  go  behind 
that  and  start  from  an  earlier  date ? ;  but  still  it 
is  entirely  a  matter,  I  will  not  say  of  discretion, 
but  of  sound  judgment,  to  say  how  far  you  may 
go  back.  .  .  .  Now,  I  want  to  say  one  word  about 
the  case  we  had  before  us  the  other  day  at  Lich- 
field,  because  we  found  there  that  the  election 
had  commenced  at  some  period  many  weeks,  at 
any  rate,  before  the  election  itself.  But  we  found 
that  fact  because  a  person  who  was  an  absolute 
stranger  to  the  district,  who  lived  at  a  distance, 
but  who  had  a  considerable  command  of  money, 
commenced  his  connection  with  the  district  by 
sending  forward  an  agent,  by  providing  large 
inordinate  sums  of  money  to  one  or  two  political 
institutions  and  clubs,  by  running  a  newspaper, 
and  more  than  one  newspaper,  at  his  own  expense, 
and  then,  when  that  had  been  so  for  a  certain 
time,  coming  himself  and  saying,  i  I  am  your 

(x)  (1896),  5  0.  &  H.  at  pp.  45,  46. 


248  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  33.  candidate.'  I  hold,  and  I  should  always  hold, 
when  a  man  puts  himself  in  that  position,  although 
it  may  be  some  time  before  the  election,  that  he 
cannot  be  heard  to  say  that  the  election  has  not 
begun." 

In  the  same  case  (y)  Bruce,  J.,  laid  down  the 
law  as  follows  : — 

"  No  definition  and  no  definite  rule  can  be  laid 
down  as  to  the  time  when  an  election  begins. 
The  Legislature  has  not  fixed  any  definite  period, 
and  I  think  it  is  not  for  the  judges  to  attempt  to 
lay  down  a  general  definition  which  the  Legis- 
lature has  carefully  avoided  doing.  I  conceive 
that  Lord  Kyllachy,  in  the  late  Scotch  case,  Elgin 
and  Nairn  (#),  laid  down  the  true  rule  when  he 
said,  *  I  apprehend  that  the  result  is  that  it  is  left 
to  us  as  election  judges,  and  it  becomes  our  duty, 
to  consider  each  case  with  respect  to  its  own  facts, 
and  to  say  in  each*  case  whether  or  not  special  cir- 
cumstances exist  requiring  us  to  hold  that  the 
election  began  prior  to  what  I  may  call  the 
normal  period';  and  so  Lord  McLaren  says,  i  It 
is  im possible  to  lay  down  any  definite  term  or  to 
deal  with  this  otherwise  than  as  a  question  of  fact, 
in  which  the  general  political  history  of  the  period 
and  the  conduct  of  the  individual  candidate  are 
both  to  be  taken  into  account.'  And  so  Haw- 
kins, J.,  in  the  Walsall  case  (a),  '  The  commence- 
ment of  agency  must  be  determined  in  each  case 


(y)  (1896),  5  0.  &  H.  at  pp.  60,  51. 
(«)  (1895),  5  0.  &  H.  at  p.  12. 
(a)  (1892),  4  O.  &  H.  at  p.  125. 


WHEN  DOES  THE  ELECTION  BEGIN  ?  249 

by  the  particular  circumstances  of  the  case.'  .  .  .  Sect.  33. 
But  the  limit  of  time  is  not  the  only  question  to 
be  considered.  Even  after  a  person  has  become 
a  candidate,  he  is  only  liable  to  return  expenses 
incurred  in  the  conduct  or  management  of  the 
election.  The  question  of  the  time  of  the  com- 
mencement of  the  candidature  is  only  one  element 
to  be  considered." 

In  East  Dorset  (b\  Pickford,  J.,  when  dealing 
with  the  question  of  election  expenses,  said : — 
"  That  depends  upon  when  did  the  election  begin, 
and  what  was  the  nature  of  the  expenses  ?  I 
have  done  my  best  ...  to  find  some  principle 
that  could  be  laid  down ;  but  I  do  not  think  it  is 
possible  to  find  one,  and  I  find  myself  bound  to 
say,  as  the  other  judges  have  said  in  many  other 
cases,  that  we  must  look  to  the  facts  of  the  par- 
ticular case.  When  you  once  get  beyond  what 
was  suggested  by  a  learned  judge  (c),  that  you  must 
look  at  the  date  of  the  issue  of  the  writ  and  the 
appointment  of  the  election  agent — when  you 
once  get  past  that  (and  that  has  been  rejected 
over  and  over  again)  it  must  be  a  question  of  fact 
and  degree  in  every  case." 

"  To  my  mind,"  said  Cave,  J.,  in  Norwich(d\ 
41  there  is  a  great  distinction  between  the  expenses 
of  getting  a  candidate  and  the  expense  of  pro- 
moting his  election  after  you  have  got  him.  If 
the  primary  and  direct  and  real  object  is  to  get  a 
candidate,  I  think  that  the  expenses  incurred  in 

(6)  (1910),  60.  &  H  at  p.  49. 

(c)  See  the  observations  of  Grantham,  J.,  in  Great  Yarmouth 
(1906),  50.  &H.  at  p.  193. 

(d)  Norwich  (1886),  4  0.  &  H.  at  p.  85. 


250 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 


Sect.  33.  so  doing  are  not  within  the  Act,  although  indi- 
rectly they  may  promote  the  interests  of  the 
party.  If  the  nominal  object  is  to  get  a  candi- 
date, but  the  real  object  is  to  promote  the  election 
of  the  individual  candidate,  then  I  should  say  it 
would  be  within  the  Act." 

In  the  same  case,  Denman,  J.,  said  (d) :  "  Ac- 
cording to  my  view,  these  expenses  for  the  meet- 
ing were  not  really  in  substance  expenses  incurred 
in  the  conduct  or  management  of  that  election  ; 
they  were  expenses  incurred  in  order  to  induce  a 
particular  person  to  become  a  candidate,  and  the 
two  things  are,  in  my  judgment,  totally  distinct. 
I  think,  therefore,  that,  until  the  respondent  had 
consented  to  become  a  candidate,  the  payment 
was  not  a  payment  on  his  behalf." 
Whether  As  to  the  question  whether  the  expenses  of 

expenses  of  .  .  , 

public  meet-  public  meetings  (e)  and  political  lectures  are  elec- 
ticai  lectures"  tion  expenses,  and  therefore  ought  to  be  included  in 
tn^  return,  the  judgment  of  the  Court  in  Hagger- 
ston(f)  showed  that  this  is  a  question  of  fact  which 
must  always  depend  on  the  particular  circum- 
stances of  each  case,  If  the  meeting  in  question 
was  called  with  the  direct  object  of  advancing 
the  election  of  the  candidate,  and  not  merely  for 
the  purpose  of  advancing  political  principles,  then 
the  expenses  of  the  meeting  would  be  election 
expenses. 

(d)  Norwich  (1886),  4  O.  &  H.  at  p.  86. 

(«)  By  sect,  34  of  the  present  Act  (see  pp.  269—270,  infra], 
expenses  of  public  meetings  for  the  purpose  of  promoting  or  pro- 
curing the  election  of  a  candidate  must  be  authorised  in  writing  by 
the  election  agent  and  returned  as  election  expenses. 

(/)  (1896),  5  0.  &  H.  at  p.  72. 


EXPENSES  OF  PUBLIC  MEETINGS. 

In  the  case  just  mentioned  (g)  the  election  took  Sect.  S3 
place  on  July  17th,  1895.  The  respondent  ad- 
mitted that  he  became  a  candidate  on  November 
17th,  1892.  The  legal  maximum  of  expenses 
was  £500,  and  the  respondent  returned  an  expen- 
diture of  £319.  Expenses  had  been  incurred 
between  1892  and  the  date  of  the  election  by  the 
Haggerston  Unionist  Council,  of  which  the  re- 
spondent was  president,  in  organising  meetings 
and  lectures,  the  payment  of  officers,  and  pay- 
ments on  account  of  illustrated  almanacs  con- 
taining matter  in  support  of  the  respondent's 
candidature,  pamphlets  containing  his  speeches, 
pledge  cards  and  portrait  cards,  &c.  It  was 
contended  that  these  expenses  were  election  ex- 
penses, and  that  they  would  make  the  respon- 
dent's election  expenses  above  the  legal  maxi- 
mum. 

As  to  the  expense  in  respect  of  the  public 
meetings,  Bruce,  J.(A)>  said  :— 

"  Of  course,  public  meetings  cannot  be  held 
without  expense,  but  in  my  opinion  the  expenses 
of  such  meetings  are  not  election  expenses,  unless 
the  meetings  are  in  some  way  connected  with  the 
election  of  the  candidate.  A  meeting  that  is 
called  for  general  political  purposes  does  not,  I 
think,  become  an  election  meeting,  merely  because 
a  candidate  attends  it,  nor  even  because  some 
allusions  are  made  to  his  candidature.  Every 
meeting  of  any  kind  that  a  candidate  attends  may 

(</)  Ibid,  at  p.  69. 
(h]  Ibid. 


252  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

33.  have  the  effect  of  increasing  his  popularity  and 
making  him  better  known  to  the  electors,  but 
incidental  matters  of  that  kind  do  not  alter  the 
character  as  regards  the  expense  of  the  meetings. 
In  each  case  it  must  be  a  question  of  fact  whether 
the  main  object  of  the  meeting  is  to  promote  the 
election  of  the  candidate.  The  lectures  in  1893, 
about  which  we  have  heard  so  much,  were,  no 
doubt,  of  a  political  character,  but  they  were 
lectures  to  advance  political  principles ;  and  I 
think  it  would  be  most  mischievous  to  hold  that 
the  expenses  of  such  lectures  should  be  regarded 
as  election  expenses.  If  a  candidate  opens  a 
bazaar,  or  lays  a  foundation  stone,  or  takes  the 
chair  at  a  charity  meeting,  he  may  by  so  doing 
indirectly  tend  to  promote  his  election,  but  the 
expenses  attending  such  meetings,  or  the  expenses 
of  the  candidate  attending  them,  are  not  to  be 
considered  as  election  expenses.  The  line  must 
be  drawn  between  meetings  called  with  the  direct 
object  of  advancing  the  election  of  the  candidate 
and  meetings  called  for  another  object,  from 
attendance  at  which  the  candidate  only  derives 
some  indirect  or  remote  advantage." 

In  the  same  case(e')  Wright,  J.,  laid  down  the 
law  as  follows  : — 

"  The  giving  of  lectures  for  what  has  here  been 
called  the  education  of  the  constituency  is  not  at 
all  necessarily  an  expense  on  account  of  the  elec- 
tion, or  an  election  expense.  We  think  it  would 
be  unduly  confining  the  methods  of  political  work 

(t)  Norwich  (1886),  4  O.  &  H.  at  p.  70. 


EXPENSES  ON  ACCOUNT  OF  PAMPHLETS,  ETC.  253 

and  political  enlightenment  in  this  country,  if  we  Sect.  33. 
were  to  attempt  to  lay  down  any  such  general 
rule  as  that  lectures,  even  though  given  with  a 
view  of  advancing  the  prospects  of  a  particular 
candidate,  are  necessarily  election  expenses  ;  we 
think  that  must  depend  upon  the  circumstances 
in  each  case." 

As  regards  the  other  matters  in  question, 
Wright,  J.,  said(&):- 

"  The  illustrated  almanacs  containing  the 
matters  which  they  did  in  support  of  Mr.  L. 
(the  candidate)  personally,  the  pamphlets  con- 
taining his  speeches,  certainly  the  pledge .  cards, 
and  I  think  the  portrait  cards  and  to  some  extent 
the  boards,  were  all  matters  which  were  expendi- 
ture on  account  of  the  election,  and,  in  so  far  as 
they  ought  in  law  to  have  been  held  to  be  expen- 
diture made  by  Mr.  L.  (the  candidate),  ought  to 
have  been  included  in  his  return." 

In  Great  Yarmouth  (1}  Channell,  J.,  said: — 

"  Now  it  seems  to  me  that  there  are  two  classes 
of  expenditure  which  a  candidate  almost  invari- 
ably does  incur,  and  which  he  begins  to  incur 
from  the  time,  at  any  rate,  when  he  is  announced 
as  a  candidate.  First  of  all  there  is  a  class  of 
expenses  incurred  in  promoting  and  disseminating 
the  political  opinions  of  the  party  to  which  he 
belongs,  and  in  holding  meetings  for  the  purpose 
of  delivering  speeches  upon  this  or  that  subject 
which  the  party  politicians  have  taken  up,  or 

(&)  Ibid. 

(1}  (1906),  5  0.  &  H.  at  p.  189. 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  33.  which  they  take  up  in  answer  to  what  their 
opponents  are  taking  up.  Expenses  must  be  in- 
curred in  that  way  by  an  intending  candidate, 
and  a  candidate  who  comes  down  and  makes 
speeches  in  support  of  what  are  supposed  to  be 
the  principles  of  his  party  is  incurring  expenses 
and  incurring  those  expenses  with  reference  to 
his  future  election,  because  he  hopes  if  he  can 
establish  the  principles  of  his  party  to  be  in  a 
majority  in  the  constituency,  so  that  when  he 
comes  to  be  the  actual  candidate  he  will  get 
elected,  and  so  of  course  he  is  doing  it  with 
reference  to  his  own  position  as  candidate,  and 
in  reference  to  his  own  election.  But  in  my 
opinion  those  expenses,  if  they  can  be  identified 
as  being  in  reference  to  the  political  views  of  his 
party,  are  not  expenses  '  in  respect  of  the  conduct 
and  management  of  his  election.' ' 

Expenses  of         In  the  case  last  cited  Channell,  J.,  after  dealing 
oonstitu-g    3  with  the  class  of  expenses  referred  to  in  the  passage 
quoted  above,  said(m): — 

"  Then  there  is  another  class  of  expenses  which 
is  much  more  doubtful  but  which  always  occurs, 
and  that  is  this,  the  expenses  which  a  candidate 
incurs  for  the  purpose  of  making  himself  personally 
popular.  There  is  an  expression  which  is  some- 
times used  in  these  cases — and  one  has  to  use  the 
slang  expressions  in  these  cases  —  and  that  is 
'  nursing  a  constituency.'  Now  that  class  of 
expenses  is  not,  I  think,  necessarily  part  of  the 
conduct  and  management  of  an  election.  You 

(m)  (1906),  5  0.  &  H.  at  p.  190. 


EXPENSES  OF  NURSING  CONSTITUENCY. 

have  to  look  carefully  at  each  expense  to  see  Sect.  33. 
whether  it  is  identified  with  the  particular  election 
in  prospect,  but  speaking  generally,  expenses  of 
that  character  would  not  in  my  opinion  come 
within  i  expenses  in  respect  of  the  conduct  and 
management  of  the  election,'  which  have  to  be 
paid  through  the  election  agent,  and  which  have 
to  be  kept  within  a  definite  maximum.  At  the 
same  time  it  is  obvious  that  the  very  things  which 
are  done  for  the  purpose  of  what  I  referred  to  as 
1  nursing  the  constituency/  or  for  promoting  the 
personal  popularity  of  the  candidate,  would  require 
very  careful  consideration  as  to  whether  or  not 
they  come  within  the  corrupt  practices,  either  of 
bribing  or  treating.  Now  it  is  in  that  light  that 
we  have  to  consider  the  matters  charged  here, 
and  we  commence  with  the  various  meetings, 
which  were  mostly,  but  not  entirely,  ward  meet- 
ings. For  the  reasons  I  have  already  given  I 
do  not  think  that  the  expenses  of  those  meetings 
would  be  expenses  in  the  conduct  and  manage- 
ment of  the  election.  They  no  doubt  had  a  slight 
bearing  upon  it,  for  Mr.  F.  (the  candidate)  came 
to  address  the  meetings  upon  political  subjects, 
but  so  far  as  they  were  t  political '  meetings  they 
do  not  come  within  the  section.  So  far  as  they 
were  municipal  meetings  of  course  they  do  not 
do  so  either,  therefore  I  do  not  think  they  were 
election  expenses." 

In  St.  George's  (n)  a  question  arose  as  to  whether  Expenses  of 

«        .  .  ...          committee 

the  expenses  01  using  a  certain  room  as  a  committee  room. 

(?i)  (1895),  5  0.  &  H.  at  p.  114. 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect-  33.  room  should  be  included  under  the  head  of  election 
expenses.  It  was  proved  that  the  petitioner  had 
taken  a  house  in  the  constituency.  He  had  built 
at  the  further  end  of  the  yard  a  room  which  he 
had  furnished  as  a  club  room,  and  which  he  had 
allowed  the  Radical  Association  to  use  as  a  club 
for  its  meetings,  and  during-  the  election  it  was 
used  as  a  committee  room.  The  petitioner  paid 
all  the  expenses  in  connection  with  the  room,  and 
did  not  include  any  of  them  in  his  return  of  his 
election  expenses.  In  giving  judgment,  Pollock, 
B.,  said  (o) : — 

"  When  an  election  is  taking  place  there  must 
be  a  committee  room  somewhere,  and  that  com- 
mittee room  must  be  hired  unless  the  candidate 
carries  it  on  in  his  own  house,  and  there  must  be 
the  expenses  of  the  rent,  coals,  gas,  cleaning,  and 
so  forth,  and,  but  for  this  club  room,  they  must 
have  gone  elsewhere ;  it  was  found  more  con- 
venient to  have  this  club  room,  but  the  people 
who  inhabited  it  were  the  people  who  were 
workers  for  the  election :  therefore  it  seems  to 
me  that  these  were  election  expenses.  The  de- 
cision in  this  case  is  important,  because  it  is  just 
one  of  those  little  things  that,  until  the  law  is 
known,  may  prove  a  source  of  difficulty  in  the 
minds  of  persons  who  are  not  acquainted  with 
the  law,  and  it  is  as  well  that  they  should  know 
in  the  future  that,  unless  they  make  a  return  of 
such  expenses,  they  are  guilty  of  a  breach  of  the 
Act  of  Parliament.'7 

(o)  (1895),  50.  &H.  at  p.  115. 


REGISTRATION  EXPENSES.  257 

Willes,  J.,  in  dealing  with  the  question  of  regis-     Sect  33. 
tration  expenses  under  the  old  statute  (Corrupt  Registration 
Practices  Act,  1863,  s.  4)  in  1869  in  Penryn(p),  note?e&tioie 
went  no  further  than  to  say : — "  These  are  ex-  e 
penses  which  could  not,  as  1  read  the  Act,  probably 
come  into  a  properly  framed  account,  though  I 
should  not  like  to  advise  anyone  to  leave  them 
out  who  was  anxious  to  avoid  the  penalties  of  not 
accounting." 

In  more  recent  years,  however,  the  Court  has 
held  that  such  expenses  may  be  lawfully  paid. 
But  if  the  candidate  does  expend  money  in  this 
way,  he  should  be  careful  to  do  it  in  such  a  way 
that  it  cannot  be  suggested  against  him  that  it 
was  really  a  payment  for  the  purpose  of  pro- 
moting his  election. 

"  It  seems  to  me,"  said  Vaughan  Williams,  J., 
in  Stepney  (q\  "  that  although  registration  ex- 
penses may  lawfully  be  paid  for  by  the  candi- 
date, the  candidate  is  doing  a  very  imprudent 
and  unwise  thing,  if  he  chooses  to  pay  those 
expenses  by  way  of  a  subscription  to  an  associa- 
tion like  this  Stepney  Conservative  Association. 
It  did  not  confine  its  operations  to  registration. 
.  .  .  They  concerned  themselves  with  all  sorts 
of  matters  other  than  registration." 

In  the  same  case  Cave,  J.,  said(r):  "  Unless 
an  election  agent  can  make  it  quite  clear  that  he 
has  not  been  doing  election  work  under  the  guise 
of  registration  work,  he  must  not  be  surprised, 

(p)  (1869),  1  O.  &H.  at  p.  132. 
(q)  (1892),  Day's  Election  Cases,  at  p.  123. 
(r)  Ibid,  at  p.  118. 
F.  17 


258  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  38.  when  his  accounts  are  brought  before  the  election 
court,  if  the  judges  take  the  view  that  he  has 
been  purposely  muddling  the  two  accounts  up 
together,  in  order  that  he  may  escape  from  the 
fetters  of  the  Act  of  Parliament.'7 

Moneys  paid  In  Kennington  (s)  it  was  proved  that  the  re- 
spondent,  who  was  accepted  as  a  candidate  for 
tne  constituency  about  eight  months  before  the 


a-nhiinpub"  electi°n>  paid  almost  all  the  expenses  connected 
newspaper  are  with  improving  the  registration  of  the  borough 
expenses.  in  the  interest  of  himself  and  his  party,  the 
amount  being  145/.  It  was  also  proved  that  in 
August,  three  months  before  the  election,  the  re- 
spondent started  a  newspaper  called  the  South 
London  Standard,  which  advocated  his  own  poli- 
tical views.  The  paper  was  discontinued  in 
January  as  it  did  not  pay.  The  respondent  paid 
500/.  in  respect  of  this  paper,  and  it  was  argued 
on  behalf  of  the  petitioner  that  these  sums  of 
145/.  and  500/.  were  in  reality  expenses  incurred 
"  in  the  conduct  and  management  of  the  election." 
In  giving  judgment  for  the  respondent,  Field,  J., 
said(^):  "  The  legislature  leaves  to  the  different 
parties  in  the  country  to  follow  their  own  in- 
terests in  ascertaining,  and  inducing  a  revising 
barrister  (w)  to  say,  who  are  and  who  are  not 
qualified  to  vote,  and  I  must  confess  that  merely 

(s}  (1886),  4  0.  &  H.  at  pp.  93,  94. 

(*)  Ibid,  at  p.  94. 

(w)  It  is  submitted  that  the  principle  here  laid  down  as  to  expen- 
diture in  improving  the  registration  of  the  constituency  would  be 
held  applicable  under  the  present  Act,  substituting,  of  course, 
"a  registration  officer"  for  "a  revising  barrister." 


EXPENSES  OF  CONVERSAZIONE.  250 

because  a  person,  who  is  a  candidate,  looks  after  Sect.  33. 
his  interests  to  ascertain  that  no  persons  but  those 
who  are  favourable  to  him  are  upon  the  register 
and  are  qualified  to  be  upon  the  register,  I  am  quite 
unable  to  come  to  the  conclusion  that  that  is  an 
expense  on  account  of  the  election,  or  on  account 
of  the  conduct  or  management  of  the  election. 
It  is  simply  a  question  for  me  as  a  juryman  to 
decide,  and  in  this  case  I  shall  certainly  come  to 
that  conclusion.  The  same  observations  apply  to 
the  South  London  Standard.  I  have  no  doubt  what- 
ever that  the  respondent  would  not  have  published 
this  paper  at  all,  unless  he  had  thought  it  would 
assist  him.  Whether  he  thought  it  would  be  a 
good  speculation  pecuniarily,  I  do  not  know,  but 
the  question  is  whether  it  is  an  expense  of  con- 
ducting or  managing  the  election.  It  is  not  for 
me  to  say  what  difficulties  might  arise  if  we  were 
to  hold  that.  I  have  simply  to  decide  whether 
the  case  falls  within  the  language  and  spirit  and 
intention  of  the  Act,  and  I  am  very  clearly  of 
opinion  that  in  neither  of  these  cases  was  the 
respondent  guilty  of  an  illegal  practice  (#)." 

In  Rochester  (y)  the  respondent  had  paid  for  Expenses 
certain  expenses  in  connection  with  a  conver- 
sazione  given  by  the  Constitutional  Association 
of  the  borough,  and  the  question  for  the  Court 
was,  inter  alia,  whether  these  expenses  were  elec- 
tion expenses^  and  therefore  expenses  which  ought 
to  have  been  included  in  the  return.  The  facts 

(x)  (1886),  4  0.   &  H.  94,  95;  referred  to  with  approval  by 
Pollock,  B,,  in  Lichfidd  (1895),  5  0.  &  H.  33,  34. 
(.y)  (1892),  4  0.  &  H.  158. 

17(2) 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  33.  were  as  follows : — In  May,  1892,  it  was  suggested 
to  the  respondent  by  the  Constitutional  Associa- 
tion that  it  would  be  desirable  to  give  a  conversa- 
zione. The  respondent  assented ;  a  conversazione 
was  held  on  May  4th  and  5th,  refreshments  were 
provided  at  a  nominal  price,  arid  the  extra  ex- 
penses were  borne  by  the  Association.  The  elec- 
tion took  place  two  months  later,  on  July  4th, 
1892,  and  none  of  these  expenses  were  returned 
in  the  respondent's  return  of  expenses.  In  the 
result  the  Court  held  the  election  void  on  the 
ground  of  corrupt  treating  and  illegal  practices 
by  the  respondent's  agents: 

Cave,  J.,  said  (2): — "  With  reference  to  the 
conversazione,  looking  at  the  time  at  which  it  was 
held,  and  that  it  was  the  obvious  intention  of  those 
who  took  part  in  it  to  promote  the  return  of  the 
respondent,  it  seems  to  me  that,  if  it  had  been 
innocent  throughout,  nevertheless  it  must  neces- 
sarily have  been  returned  as  a  portion  of  the 
election  expenses  of  the  candidate." 

Expense  It   is   sometimes   a   difficult    question    to    say 

i>y  associa-  whether  expense  incurred  by  an  association  or 
tion,  &c.  individual  which  undoubtedly  is  an  assistance  to 
the  candidate  is  or  is  not  an  election  expense. 
The  test  appears  to  be  this  :  Was  the  expense  in- 
curred by  the  association  or  individual  an  expense 
incurred  for  their  own  ends  and  their  own  pur- 
poses, or  was  it  one  of  the  ordinary  expenses  of 
the  candidate  ?  In  the  former  case  it  would  not 
be,  in  the  latter  it  would  be,  an  election  expense. 

CO  (1892),  4  O.  &  H.  at  p.  159. 


EXPENSES  INCURRED  BY  ASSOCIATION. 

This  question  arose  in  Stepney  (a)  in  regard  to  Sect.  33. 
payments  made  by  the  Licensed  Victuallers'  As- 
sociation, and  again  in  CocJcermouth  (b)  in  regard 
to  the  expenses  of  a  tea  meeting  given  by  the 
Liberal  Unionist  Association.  In  both  cases 
the  payments  in  question  were  held  not  to  be 
election  expenses.  In  the  former  Cave,  J., 
said  (a) : — "  With  regard  to  the  Licensed  Victual- 
lers' Association,  I  see  no  ground  at  all  for  saying 
that  those  were  election  expenses.  They  appear 
to  have  been  expenses  incurred  by  them  for  their 
own  purposes.  No  doubt  they  were  desirous  to 
assist  Mr.  Isaacson,  whom  they  preferred  as  a 
candidate  to  Mr.  Thompson,  but  it  does  not  follow 
that  because  they  were  desirous  of  doing  that, 
every  expense  that  they  chose  to  run  into  would 
become  an  election  expense.  They  may  have 
made  themselves  agents  for  Mr.  Isaacson,  so  that 
any  corrupt  practice  traced  to  them  might  unseat 
him ;  I  do  not  say  that  it  would,  because  it  has 
not  been  necessary  for  us  to  direct  our  attention 
specifically  to  that  point ;  but  it  does  not  follow 
that,  because  that  is  so,  every  expense  that  they 
resort  to  thereby  becomes  an  election  expense 
which  must  be  paid  by  Mr.  Isaacson.  If  that 
were  so,  the  fate  of  a  candidate  would  be  very 
deplorable.  He  would  have  no  control  over  per- 
sons who  chose  to  say  that  they  were  acting  in 
his  interest  and  for  his  benefit,  and  would  be 
compelled  to  pay  every  expense  that  they  might 

(a)  (1892),  Day's  Election  Cases,  at  pp.  118,  119. 
(&)  (1901),  5  0.  &  H.  at  p.  156. 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  33.  think  fit  to  incur.  No  such  liability  exists,  and  I 
do  not  think  the  Licensed  Victuallers'  case  was 
one  in  which  it  can  be  said  that  the  expenses  were 
expenses  of  conducting  the  election,  and  not  ex- 
penses rather  incurred  by  the  association  for  their 
own  ends,  and  for  their  own  purposes,  quite  dis- 
tinct from  Mr.  Isaacson's  election,  although  un- 
doubtedly his  election  was  one  of  the  things  which 
they  were  anxious  to  secure." 

In  Cocker  mouth,  Channell,  J.,  said(c):— 
"  The  difference  between  an  act  done  in  the 
conduct  and  management  of  the  election  and  a 
thing  done  merely  for  the  promotion  of  the  success 
of  a  particular  candidate  seems  to  me  to  be  this : 
if  another  person  pays  an  expense  and  that  ex- 
pense is  one  of  the  ordinary  expenses  of  the 
candidate,  so  that  the  doing  of  that  by  the  third 
person  relieves  the  candidate  from  part  of  his 
election  expenses,  then  the  candidate  must  treat 
that  assistance  as  given  to  him  in  respect  of  his 
election  expenses,  and  must  treat  the  expenses  as 
part  of  his  expenses  ...  if  he,  being  merely  a 
person  interested  for  some  reason,  as  a  Liberal 
Unionist,  or  any  other  reason,  in  the  success  of  a 
particular  candidate,  chooses  to  do  things  on  his 
own  account,  which  do  not  go  to  relieve  the  can- 
didate from  any  portion  of  his  election  expenses, 
that  is  not  doing  anything  in  reference  to  '  the 
conduct  or  management  of  the  election.'  .  .  ." 
Expenses  of  As  to  the  expenses  of  printing  and  advertising, 
and  of  and  the  expenses  of  publishing,  issuing  and  dis- 

addresses,  &c. 

(c)  (1901),  5O.  &H.  at  p.  156. 


EXPENSES  OF  PUBLIC  MEETINGS,  ADVERTISEMENTS,  ETC.  263 

tributing   addresses  and  notices,  referred   to   in     sect.  33. 
Part  II.  (3)  of  the  First  Schedule  to  the  Corrupt 
Practices  Act,  1883  (d\  it  was  held  in  Barrow-in- 
Furness  (e)  that  addresses  and  notices  cover  bills. 

In  the  case  of  the  expenses  last  mentioned,  as 
well  as  those  of  stationery,  messages,  postage  and 
telegrams,  and  of  holding  meetings,  referred  to 
on  p.  227,  supra,  it  should  be  observed  that  by 
sect.  34  of  the  present  Act : — 

"(1)  A  person  other  than  the  election  agent 
of  a  candidate  shall  not  incur  any  expenses  on 
account  of  holding  public  meetings  or  issuing 
advertisements,  circulars  or  publications  for  the 
purpose  of  promoting  or  procuring  the  election 
of  any  candidate  at  a  parliamentary  election, 
unless  he  is  authorised  in  writing  to  do  so  by 
such  election  agent, 

.  u  (2)  If  any  person  acts  in  contravention  of 
this  section,  he  shall  be  guilty  of  a  corrupt  prac- 
tice other  than  personation  (/)  within  the  mean- 
ing of  the  Corrupt  and  Illegal  Practices  Prevention 
Act,  1883,  and  the  expression  l  corrupt  practice7 
shall  be  construed  accordingly  :  % 

"  Provided  that  the  court  before  whom  a  person 
is  convicted  under  this  section  may,  if  they  think 
it  just  in  the  special  circumstances  of  the  case, 
mitigate  or  entirely  remit  any  incapacity  imposed 
by  section  six  of  the  Corrupt  and  Illegal  Practices 
Prevention  Act,  1883. 

(d]  See  pp.  226—227,  supra. 

(e)  (1886),  4  O.  &  II.  78 ;  of.  Stepney,  ibid.  52,  54,  55,  where  the 
members  of  the  Court  differed  on  this  question. 

(/)  See  pp.  274—276,  infra. 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

S^  "  (3)  Any  expenses  incurred  on  account  of  any 
such  purpose  as  aforesaid  and  authorised  by  the 
election  agent  of  the  candidate  shall  be  duly 
returned  as  part  of  the  candidate's  election 
expenses." 

As  to  the  effect  of  these  provisions,  see  pp.  270 
—277,  infra. 

Return  of  The  election  agent  of  every  candidate  must, 

expenses.  within  thirty-five  days  after  the  result  of  the 
election  is  declared,  transmit  to  the  returning 
officer  a  true  return  of  election  expenses  (g).  This 
return  must  be  in  the  form  contained  in  the 
Second  Schedule  to  the  Corrupt  Practices  Act, 
1883,  or  in  a  similar  form(^),  and  must  be  accom- 
panied by  a  declaration  made  by  the  election 
agent  before  a  justice  of  the  peace  in  the  form 
required  by  that  Act  (h). 

At  the  same  time  that  the  election  agent  trans- 
mits the  return  or  within  seven  days  afterwards, 
the  candidate  must  transmit  to  the  returning 
officer  a  declaration  made  by  him  before  a 
justice  of  the  peace  verifying  his  election  agent's 
return  (*'). 

As  to  sub-sect.  (2)  of  sect.  33.  This  sub-section 
is  as  follows  : — 

Any  candidate  at  a  parliamentary  election 
shall,  subject  to  regulations  of  the  Postmaster- 
General,  be  entitled  to  send,  free  of  any  charge 


g}  Corrupt  Practices  Act,  1SS3,  8.  33  (1). 
(h}  Ibid.  s.  33  (2). 
i)  Ibid.  s.  33  (4)- 


NOMINATION  OF  CANDIDATE.  265 

for  postage,  to  each  registered  elector  for  the    Sect  33 
constituency,  one   postal   communication  con- 
taining matter  relating  to  the  election  only,  and 
not  exceeding  two  ounces  in  weight : 

Provided  that  a  candidate  shall  not  be  entitled 
to  exercise  the  right  of  free  postage  conferred  by 
this  provision  before  he  is  duly  nominated,  unless 
he  has  given  such  security  as  may  be  required 
by  the  Postmaster-General  for  the  payment  of 
postage  in  case  he  does  not  eventually  become 
nominated. 

For  the  purpose  of  this  provision  candidates 
who  are  under  paragraph  (4)  of  Part  V.  of  the 
First  Schedule  to  the  Corrupt  and  Illegal  Prac- 
tices Prevention  Act,  1883  (j)9  deemed  to  be  joint 
candidates  at  an  election  shall  be  treated  as  a 
single  candidate. 

Any  candidate  at  a  parliamentary  election.— 
As  to  the  meaning  of  these  words,  see  pp.  272 — 
273,  infra. 

subject  to  regulations  of  the  Postmaster- 
General, — These  have  not  at  the  date  of  pub- 
lication been  issued. 

before  he  is  duly  nominated. — With  regard 
to  a  candidate  for  election  to  serve  in  Parliament 
for  a  county  or  borough,  the  law  as  to  nomination 
is  as  follows  : — 

He  must  be  nominated  in  writing(^).  The 
writing  must  be  subscribed  by  two  registered 
electors  of  such  county  or  borough  as  proposer 
and  seconder,  and  by  eight  other  registered  elec- 

(j)  The  paragraph  here  referred  to  is  set  out  on  pp.  229 — 230, 
supra. 

(A-)  Ballot  Act,  1872,  s.  1. 


266  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  33.  tors  of  the  same  county  or  borough  as  assenting 
to  the  nomination,  and  must  be  delivered  during 
the  time  appointed  for  the  election  to  the  return- 
ing officer  by  the  candidate  himself,  or  his  pro- 
poser or  seconder  (/). 

Each  candidate  must  be  nominated  by  a  sepa- 
rate nomination  paper,  but  the  same  electors  or 
any  of  them  may  subscribe  as  many  nomination 
papers  as  there  are  vacancies  to  be  filled,  but  110 
in  ore  (m). 

The  nomination  paper  must  be  fully  filled  in 
before  it  is  subscribed  by  anyone  (n). 

Where  there  were  four  vacancies  to  be  filled, 
and  an  elector  subscribed  four  nomination  papers, 
which  were  duly  delivered  to  the  returning  officer, 
and  then  a  fifth,  which  was  also  duly  delivered  to 
him,  the  court  held  that  the  first  four  nomination 
papers  were  valid,  but  that  the  fifth  was  not  (o). 

Each  candidate  must  be  described  in  the  nomi- 
nation paper  in  such  manner  as  in  the  opinion  of 
the  returning  officer  is  calculated  sufficiently  to 
identify  such  candidate ;  the  description  must 
include  his  names,  his  abode,  and  his  rank,  pro- 
fession, or  calling,  and  his  surname  must  come 
first  in  the  list  of  his  names  (p).  No  objection  to 

(I)  Ballot  Act,  1872,  s.  1.  See  also  Monks  v.  Jackson  (1876),  1 
C.  P.  D.  683,  where  it  was  held  that  a  nomination  paper  delivered 
by  a  person  who  was  not  the  candidate,  nor  his  proposer,  nor 
seconder,  was  void. 

(m)  Ballot  Act,  1872,  Sched.  1,  Part  I.,  r.  5. 

(»)  Htrmon  v.  Park  (1881),  7  Q.  B.  D.  369 ;  Cox  v.  Dairies,  [1898] 
2  Q.  B.  202. 

(o)  Burgoyne  v.  Collins  (1882),  8  Q.  B.  D.  450. 

(p)  Ballot  Act,  1872,  Sched.  1,  Part  I.,  r.  6.  There  have  been 
numerous  decisions  on  the  meaning  of  words  similar  to  but  not 
exactly  the  same  as  these  in  other  Acts ;  see  Bowden  v.  Besley  (1888), 


NOMINATION  PAPERS.  267 

a  nomination  paper  on  the  ground  of  the  descrip-  Sect.  33. 
tion  of  the  candidate  therein  being  insufficient, 
or  not  being  in  compliance  with  this  rule,  shall 
be  allowed  or  deemed  valid,  unless  such  objection 
is  made  by  the  returning  officer,  or  by  some  other 
person,  at  or  immediately  after  the  time  of  the 
delivery  of  the  nomination  paper  (q). 

The  returning  officer  must  supply  a  form  of 
nomination  paper  to  any  registered  elector  re- 
quiring the  same  during  such  two  hours  as  the 
returning  officer  may  fix,  between  the  hours  of 
ten  in  the  morning  and  two  in  the  afternoon  on 
each  day  intervening  between  the  day  on  which 
notice  of  the  election  was  given  and  the  day  of 
election  (r),  and  during  the  time  appointed  for  the 
election  (s) ;  but  provided  that  the  nomination  paper 
is  in  the  form  prescribed  by  the  Ballot  Act,  1872, 
it  need  not  be  a  nomination  paper  supplied  by  the 
returning  officer (t). 

The  nomination  papers  must  be  delivered  to 
the  returning  officer,  at  the  place  of  election  (u) 
during  the  time  appointed  for  the  election  (s) ;  and 
the  candidate  nominated  by  each  nomination 
paper,  and  his  proposer  and  seconder,  and  one 
other  person  selected  by  the  candidate,  and  no 
person  other  than  aforesaid  shall,  except  for  the 

21  Q,  B.  D.  309;  GhdhiU  v.  Crowther  (1889),  £3  Q.  B.  D.  136 ;  Marion 
v.  Gorrilf,  ibid.  139,  and  cases  there  cited. 

(q}  Ballot  Act,  1872,  Sched.  1,  Part  I.,  r.  6. 

(r)  As  to  the  meaning  of  "  day  of  election,"  see  pp.  179 — 180, 
supra, 

(s}  See  Ballot  Act,  First  Schedule,  r.  4,  p.  683,  infra. 

(t}  Ballot  Act,  1872,  Sched.  1,  Part  I.,  r.  7. 

(«)  See  sect.  32,  pp.  222—223,  supra. 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  33.  purpose  of  assisting  the  returning  officer,  be 
entitled  to  attend  the  proceedings  during  the  time 
appointed  for  the  election  (t). 

The  returning  officer  must  on  the  nomination 
paper  being  delivered  to  him,  forthwith  publish 
notice  of  the  name  of  the  person  nominated  as  a 
candidate,  and  of  the  names  of  his  proposer  and 
seconder,  by  placarding  or  causing  to  be  placarded 
the  names  of  the  candidate  and  his  proposer  and 
seconder  in  a  conspicuous  position  outside  the 
building  in  which  the  room  appointed  for  the 
election  is  situate  (u). 

A  person  is  not  entitled  to  have  his  name  in- 
serted in  any  ballot  paper  as  a  candidate  unless 
he  has  been  nominated  in  the  manner  above 
described,  and  every  person  whose  nomination 
paper  has  been  delivered  to  the  returning  officer 
during  the  time  appointed  for  the  election  (v)  is 
deemed  to  have  been  nominated  in  manner  above 
described,  unless  objection  be  made  to  his  nomi- 
nation paper  by  the  returning  officer,  or  some 
other  person,  before  the  expiration  of  the  time 
appointed  for  the  election  (v)  or  within  one  hour 
afterwards  (x). 

The  returning  officer  decides  on  the  validity  of 
every  objection  made  to  a  nomination  paper,  and 
his  decision,  if  disallowing  the  objection,  shall  be 
final ;  but,  if  allowing  the  same,  is  subject  to 


(0  Ballot  Act,  1872,  Sched.  1,  Part  I.,  r.  8. 

(«)  Ibid.  r.  11. 

(y)  See  footnote  (s),  p.  267,  supra. 

(x)  Ballot  Act,  1872,  Sched.  1,  r.  12. 


EXPENSES  OF  PUBLIC  MEETINGS,  ADVERTISEMENTS,  ETC. 

reversal  on  petition  questioning  the  election  or     s«ct.  33 
return  (#). 

The  returning  officer's  duty  in  this  matter  is 
limited  to  objections  made  to  the  nomination 
paper ;  thus,  he  has  no  jurisdiction  to  entertain 
an  objection  that  the  nomination  paper  has  not 
been  delivered  in  time  (2),  and  he  has  no  power  to 
deal  with  an  objection  to  the  qualification  of  the 
candidate  (a).  But  if  a  nomination  paper  appears 
on  the  face  of  it  to  be  an  abuse  of  the  right  of 
nomination,  e.g.,  if  it  purports  to  nominate  a 
woman,  the  returning  officer  should  reject  it(b). 

When  the  returning  officer  has  considered  the 
objection  to  the  nomination  paper,  and  decided 
that  such  objection  is  invalid,  the  candidate  is 
duly  nominated,  though  he  be  disqualified  and 
may  be  unseated  on  petition  (<?). 

34. — (1)  A  person  other  than  the  election 
agent1  of  a  candidate  shall  not  incur  any 
expenses  on  account  of  holding  public  pel 
meetings  or  issuing  advertisements,  circulars 
or  publications1  for  the  purpose  of  promoting 
or  procuring  the  election  of  any  candidate 
at  a  parliamentary  election,2  unless  he  is 

1  See  p.  271,  infra.  2  See  pp.  271—274,  infra. 

(y)  Ibid.  r.  13. 

(z)  Howes  v.  Turner  (1816),  1  0.  P.  D.  671 ;  of.  Monks  v.  Jackson, 
ibid.  683. 

(a]  Pritchard  v.  Mayor  of  Bangor  (1888),  13  A.  C.  251,  257 
(H.  L.). 

(I]  Harford  v.  Lintkey,  [1899]  1  Q.  B.  862. 

(c)  Pritchard  v.  Mayor  of  Bangor  (1888),  13  A.  C.  241  (H.  L.). 


270  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

fleet.  84.    authorised  in  writing  to  do  so  by  such  elec- 
tion agent. 

(2)  If  any  person  acts  in  contravention  of 
this  section,  he  shall  be  guilty  of  a  corrupt 
practice  other  than  personation  within  the 
meaning  of  the  Corrupt  and  Illegal  Practices 
Prevention  Act,  1883,3  and  the  expression 
"corrupt  practice"  shall  be  construed  ac- 
cordingly : 

Provided  that  the  court  before  whom  a 
person  is  convicted  under  this  section  may, 
if  they  think  it  just  in  the  special  circum- 
stances of  the  case,  mitigate  or  entirely 
remit  any  incapacity  imposed  by  section  six 
of  the  Corrupt  and  Illegal  Practices  Preven- 
tion Act,  1883.3 

(3)  Any  expenses  incurred  on  account  of 
any  such  purpose  as  aforesaid  and  authorised 
by  the  election  agent  of  the  candidate  shall 
be  duly  returned  as  part  of  the  candidate's 
election  expenses.4 

NOTE. — The  object  of  this  section  is  to  prevent 
expenses  of  the  nature  indicated  in  sub -sect.  ( 1 ) 
being  incurred  other  than  as  part  of  a  candidate's 
election  expenses.  If  any  person  other  than 
the  election  agent  incurs  expenses  of  this  kind, 
he  must  be  duly  authorised  to  do  so  by  the 
election  agent,  and  the  expenses  in  question  must 

3  See  pp.  274—276,  infra.  4  See  p.  276,  infra. 


EXPENSES  OF  ADVERTISEMENTS,  ETC.  271 

be  duly  returned  (e)  as  part  of  the  candidate's     sect.  34. 
election  expenses. 

Such  authorisation  can  only  be  given  in  writing. 

the  election  agent. — Every  candidate  must 
appoint  an  election  agent,  but  may  not  appoint 
more  than  one.  Such  election  agent  must  be 
named  by  or  on  behalf  of  the  candidate  on  or 
before  nomination  day(/).  The  name  and  ad- 
dress of  such  agent  must  be  declared  in  writing 
by  a  candidate  or  by  some  other  person  on  his 
behalf  to  the  retiirning  officer  on  or  before 
nomination  day  (/).  A  candidate  can  if  he  wishes 
appoint  himself  as  his  election  agent  (g). 

advertisements,  circulars,  or  publications.— 
In  accordance  with  the  ordinary  rule  as  to  con- 
struing the  words  of  a  statute,  the  word  "  publi- 
cations" must  be  construed  ejusdem  generis  with 
the  words  u  advertisements "  and  "circulars" — 
in  other  words,  in  order  that  the  publication 
should  fall  within  the  meaning  of  the  section  it 
must  be  an  advertisement  or  circular  or  a  publi- 
cation of  the  nature  of  an  advertisement  or 
circular. 

The  question  whether  any  particular  publi- 
cation is  within  the  meaning  of  the  section  would 
of  course  depend  upon  the  circumstances  of  each 
case. 

for  the  purpose  of  promoting  or  procuring 
the  election  of  any  candidate  at  a  parliamentary 
election. — It  is  necessary  to  deal  first  with  the 

(e)  See  p.  264,  supra. 

(/)  See  pp.  179—180,  supra. 

(g)  Corrupt  Practices  Act,  1884,  s.  24. 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect-  34.    meaning  of   the  words,  candidate  at  a  parlia- 
mentary election. 

The  present  Act  does  not  contain  a  definition 
of  the  word  "  candidate."     It  is  probable,  how- 
ever, in  view  of  the  subject  dealt  with  in  this 
section,  its  close  relation  to  the  Corrupt  and  Illegal 
Practices  Prevention  Act,  1883,  and  the  fact  that 
that  Act  is  expressly  referred  to  in  sub -sect.  (2), 
that  the  word  u  candidate "  would  be  construed 
in  the  same  meaning  as  that  expressly  given  to  it 
in  sect.  63  of  the  Corrupt  Practices  Act,   1883, 
namely  : — "  Any  person  elected  to  serve  in  Par- 
liament at  such  election,  and  any  person  who  is 
nominated  as  a  candidate  at  such  election,  or  is 
declared  by  himself  or  by  others  to  be  a  candidate, 
on  or  after  the  day  of  the  issue  of  the  writ  for 
such  election,  or  after  the  dissolution  or  vacancy 
in  consequence  of  which  such  writ  is  issued." 

In  Rochester  (h)  counsel  submitted  that  under 
sect.  63  of  the  Corrupt  Practices  Act,  1883,  the 
respondent  was  not  a  "  candidate"  until  after  the 
dissolution  and  the  issue  of  the  writ,  and  that  the 
expenses  incurred  by  him  before  that  time  could 
not  be  included  in  the  election  expenses. 

In  declining  to  accept  this  contention,  Cave,  J., 
said  (?') : — 

"  When  a  man  begins  to  incur  expenses  with 
regard  to  an  election,  there  is  nothing  to  prevent 
his  appointing  an  election  agent.  In  some  cases 
canvassers  are  set  to  work,  and  committees  are 
formed,  long  before  the  dissolution,  or  the  issue 

(/O  (1892),  4  0.  &  H.  at  p.  157. 
(0  Ibid. 


MEANING  OF  "  CANDIDATE.  273 

of  the  writ.  If  those  expenses  are  not  to  be  Sect.  34. 
returned  as  election  expenses,  the  words  of  the 
Act  as  to  the  maximum  amount  of  expenditure 
are  set  at  nought."  The  law  has  been  repeatedly 
laid  down  in  similar  terms  by  other  judges  (k\  and 
in  Great  Yarmouth  (1)  Channel!,  J.,  said  :  "  I  quite 
adopt  the  view  which  has  been  put  forward  by  other 
judges  that  the  time  when  the  election  is  sup- 
posed to  commence  ...  certainly  is  not  limited 
to  the  commencement  of  the  active  part  of  the 
election  by  the  occurrence  of  a  vacancy  or  by  the 
issue  of  a  writ."  The  same  view  of  the  law  was 
expressed  by  Lawrance,  J.,  in  Maidstone  (m)  and 
Bodmin  (»).  In  each  of  the  three  last-mentioned 
cases,  Grantham,  J.,  differed  (0),  but  in  East 
Dorset  (p),  Lawrance  and  Pickford,  JJ.,  stated 
that  the  law  is  correctly  laid  down  in  the  nume- 
rous decisions  to  the  contrary  which  are  referred 

«/ 

to  above. 

The  eases  just  referred  to  and  the  judgments 
cited  on  pp.  242 — 249  show  that  the  fact  of  an 
election  having  begun  presupposes  the  existence 
of  a  candidate  at  such  election,  so  that  a  person 
may  become  a  "  candidate  at  a  parliamentary 
election  "  and  incur  election  expenses  long  before 
the  dissolution  and  the  issue  of  the  writ.  As  to 
the  words  for  the  purpose  of  promoting  or  pro- 
curing the  election,  these  are  identical  with  the 

(&)  See  extracts  from  judgments  cited,  pp.  242 — 249,  supra. 
(0  5  O.  &  H.  188. 
(m)  Ibid.  209,  210. 
(n)  Ibid.  228. 

(o)  Ibid.  191—193,  208,  209,  227,  228. 
(p)  (1910),  6  O.  &  H.  at  pp.  39,  40,  49,  50. 
F.  18 


274  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  34.  words  in  sect.  17  of  the  Corrupt  Practices  Act, 
1883,  which  have  been  held  to  have  the  same 
meaning  as  the  words  u  on  account  of  or  in 
respect  of  the  conduct  or  management  of  the 
election  "  (q). 

As  to  when  expenses  for  public  meetings,  &c. 
are  incurred  "  in  the  conduct  or  management  of 
the  election,"  see  pp.  250—254,  260—262. 

From  the  cases  cited  on  pp.  260 — 262,  supra,  it 
will  be  seen  that  there  is  nothing  in  theory  to 
prevent  persons  who  wish  a  particular  candidate 
to  be  elected  because  they  think  him  more  in 
accordance  with  their  own  special  views  upon  tem- 
perance or  any  other  subject  about  which  strong 
opinions  are  held,  incurring  certain  expenses  in 
support  of  his  candidature  (s) ;  but  in  considering 
the  effect  of  sect.  34  of  the  present  Act  it  cannot 
be  too  strongly  emphasized  that  in  practice  expen- 
diture on  account  of  the  matters  there  mentioned 
will  in  almost  every  case  be  expenses  incurred 
"for  the  purpose  of  promoting  or  procuring  the 
election  "  of  a  candidate. 

As  to  sub -sect.  (2) — a  corrupt  practice  other 
than  personation  within  the  meaning  of  the 
Corrupt  and  Illegal  Practices  Prevention  Act, 
1883. 

By  sect.  6  (1)  of  that  Act,  "  a  person  who  com- 
mits any  corrupt  practice  other  than  personation 
.  .  .  shall  be  guilty  of  a  misdemeanour,  and  on 
conviction  on  indictment  shall  be  liable  to  be 

(q)  Ipswich,  31st  March,  1886  (unreported).  See  also  Ipswich 
(1886),  4  O.  &  H.  at  p.  74 ;  54  L.  T.  619. 

(«)  See  the  judgment  of  Channell,  J.,  in  Cocker  mouth  (1901),  5  O. 
&  H.  at  p.  158. 


PUNISHMENT  OF  CORRUPT  PRACTICE.  275 

imprisoned  with   or   without  hard  labour  for   a     Sect.  34. 
term  not  exceeding  one  year,  or  to  be  fined  any 
sum  not  exceeding  200/." 

By  sect.  6  (3)  of  the  same  Act,  "  a  person  who 
is  convicted  on  indictment  of  any  corrupt  prac- 
tice shall,  in  addition  to  any  punishment  as  above 
provided,  be  incapable  during  a  period  of  seven 
years  from  the  date  of  his  conviction  (a)  of  being 
registered  as  an  elector  or  voting  at  any  election 
in  the  United  Kingdom,  whether  it  be  a  parlia- 
mentary election  or  an  election  for  any  public 
office (t]  within  the  meaning  of  the  Corrupt  Prac- 
tices Act,  1883;  or  (b)  of  holding  any  public  (t) 
or  judicial  (u)  office,  and  if  he  holds  any  such 
office  the  office  shall  be  vacated." 

By  sect.  6  (4)  of  the  same  Act,  u  any  person 
so  convicted  of  a  corrupt  practice  shall  be  in- 
capable of  being  elected  to  and  of  sitting  in  the 
House  of  Commons  during  the  term  of  seven 
years  next  after  the  date  of  his  conviction,  and  if 
at  that  date  he  has  been  elected  to  the  House  of 
Commons  his  election  shall  be  vacated  from  the 
time  of  such  conviction." 

By  sect.  43  (4)  of  the  same  Act,  a  person  who 
is  summarily  convicted  by  an  election  court  of 
any  corrupt  practice,  which  cannot  occur  unless 
such  person  declines  to  be  tried  by  a  jury,  shall 
be  subject  to  the  same  incapacities  as  if  he  had 

(t}  As  to  the  meaning  of  the  expression  "public  office"  in  the 
sub-section  just  cited,  see  sect.  64  of  the  Corrupt  Practices  Act, 
1883. 

(n)  The  expression  "  judicial  office  "  in  such  sub-section  includes 
the  office  of  justice  of  the  peace. 

1.8(2) 


276  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  34.  been  convicted  on  indictment,  and  further,  may 
be  imprisoned  with  or  without  hard  labour  for  a 
term  not  exceeding  six  months,  or  ordered  to  pay 
a  fine  not  exceeding  200£. 

any  incapacity  imposed  by  section  six  of  the 
Corrupt  and  Illegal  Practices  Prevention  Act, 
1883. — These  words,  which  occur  in  the  proviso 
in  sect.  34  (2)  of  the  present  Act,  refer  to  the  inca- 
pacities mentioned  in  sect.  6  (3),  (4),  of  the  Corrupt 
Practices  Act,  set  out  above. 

As  to  sub-section  (3). — any  expenses  incurred 
on  account  of  any  such  purpose  as  aforesaid  and 
authorised  by  the  election  agent  of  the  candidate 
shall  be  duly  returned  as  part  of  the  candidate's 
election  expenses. 

The  purpose  here  mentioned  is  of  course  that 
of  promoting  or  procuring  the  election  of  any 
candidate  at  a  parliamentary  election  by  holding 
public  meetings  or  issuing  advertisements,  cir- 
culars, or  publications.  This  subject  is  dealt  with 
on  pp.  271 — 274,  supra. 

authorised  by  the  election  agent  of  the  can- 
didate.— Such  authorisation  must  by  sect.  34  (1) 
be  in  writing  by  the  election  agent  (v). 

shall  be  duly  returned  as  part  of  the  candi- 
date's election  expenses. — As  to  this,  see  p.  264, 
supra. 

Practical  It  would  seem,  having  regard  to  the  provisions 

sect  34.         of  this  section,   that  it  will  be  more  necessary 

even  than  it  has  been  hitherto  for  a  candidate  to 

appoint  an  election  agent  immediately  that  he 

becomes  a  candidate.     In  the  absence  of  his  doing 


(v)  See  sect.  34  (1),  pp.  269—270,  supra. 


PRACTICAL  EFFECT  OF  SECT.  34.  277 

so  he  will  be  prohibited  by  this  section  from  in-     Sect.  34. 
curiing  any  of  the  expenses  mentioned  therein  (w). 

It  is  probable  that  the  effect  of  this  section,  as 
given  above,  will  be  used  as  an  argument  for 
interpreting  the  word  "  candidate"  in  the  present 
Act  in  the  narrow  sense  of  "  duly  nominated  can- 
didate "  because  of  the  hardship  which,  it  will  be 
urged,  would  result  to  persons  who  desire  to 
stand  for  election  and  to  the  public  from  the 
broader  interpretation  of  the  word  u  candidate  " 
in  this  section.  It  is  submitted,  however,  that 
the  meaning  of  the  section  is  that  given  to  it  in 
this  Note,  and  that  the  answer  to  such  an  argument 
is  as  was  pointed  out  by  Cave,  J.,  in  Rochester  (x), 
and  by  Lawrence,  J.,  in  East  Dorset  (y\  that  there 
is  nothing  to  prevent  a  "  candidate''  appointing 
an  election  agent  as  soon  as  he  becomes  a  can- 
didate, no  matter  how  long  that  may  be  before 
the  day  of  nomination. 

It  may  be  well  to  draw  attention  to  the  danger 
to  which  members  of  the  public  may  be  exposed 
if  they  are  ignorant  of,  or  neglect  to  observe,  the 
provisions  of  sect.  34.  Owing  to  the  wide  scope 
of  the  words  "for  the  purpose  of  promoting  or 
procuring  the  election  of  any  candidate,"  it  will 
be  of  the  utmost  importance  for  any  person  who 
intends  to  hold  a  public  meeting,  or  to  issue 
literature,  of  a  political  character  to  consider 
very  carefully  whether  such  meeting  or  literature 
is  directly  or  indirectly  for  the  "  purpose"  referred 
to,  and,  if  so,  to  obtain  the  requisite  authorisation. 

(to]  Ibid.,  and  pp.  271 — 274,  supra, 
(x)  (1892),  4  0.  &  H.  at  p.  157. 
(if)  (1910),  6  0.  &  H.  at  p.  40. 


2T8  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

-  as.        35.  The  following  Acts,  that  is  to  say,- 


tCotat  pet  The  Ballot  Act,  1872  *  ; 

manent  effect. 

The  Parliamentary  Elections  (Returning 

Officers)  Act,  1875  2; 
The  Parliamentary  Elections  Returning 

Officers    Expenses    (Scotland)    Act, 

1878  3; 
The  Parliamentary  Elections  and  Cor- 

rupt Practices  Act,  18804; 
The  Corrupt  and  Illegal  Practices  Pre- 

vention Act,  18835; 
The  Municipal  Elections  (Corrupt  and 

Illegal  Practices)  Act,  1884  ; 
The  Local  Government  (Elections)  Act, 

1896  6; 

shall  become  permanent  Acts,  and  any  pro- 
vision in  any  Act  in  force  at  the  date  of  the 
passing  of  this  Act  which  limits  the  period 
for  which  any  of  those  Acts  are  to  remain  in 
operation  shall  cease  to  have  effect. 

NOTE.  —  The  Acts  mentioned  in  this  section, 
which  are  now  made  permanent,  were  originally 
passed  as  temporary  measures  only,  but  have  been 
extended  from  year  to  year  since  the  time  when 
they  would  have  originally  expired. 


1  See  Appendix  III.,  p.  665,  infra.  2  Ibid.  p.  700,  infra. 

8  lUd.  p.  708,  infra.  *  Ibid.  p.  708,  infra. 

9  Ibid.  p.  710,  infra.  6  Ibid.  p.  717,  infra-. 


UNIVEKSITY  ELECTIONS.  279 

36. — (1)    The    provisions    contained    in    sect.  36 
Part   I.  of  the   Fifth  Schedule  to  this  Act  conduct  of 

elections  for 

shall  have  effect  with  respect  to  elections  Univfrsit7 

constitu- 

for  university  constituencies  other  than  the  encies 
Scottish  university  constituency,  and  the 
provisions  contained  in  Part  II.  of  that 
Schedule  shall  have  effect  with  respect  to 
elections  for  the  Scottish  university  consti- 
tuency, and  his  Majesty  may,  by  Order  in 
Council,  make  such  regulations  as  appear 
necessary  or  desirable  for  giving  full  effect 
to  those  provisions  and  for  the  effective  and 
proper  conduct  of  those  elections. 

Any  such  regulations  may  be  made  so  as 
to  be  applicable  generally  to  elections  for 
university  constituencies  or  specially  to  elec- 
tions for  any  particular  university  constitu- 
ency. 

(2)  This  Part  of  this  Act  shall,  except  as 
expressly  provided,  apply  to  university  con- 
stituencies and  university  elections. 

(3)  In  the  application  of  the  provisions  of 
this  Act  which  are  applicable  to  university 
constituencies   and   university    elections   to 
those  constituencies  and  elections  the  follow- 
ing modifications  shall  have  effect  :— 

(a)  '*  Voting  paper  "  shall  be  substituted 
for  "ballot  paper,"  and  for  any 
reference  to  the  Ballot  Act,  1872, 
there  shall  be  substituted  a  refer- 


REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 

ence  to  the  corresponding  pro- 
vision of  this  Act,  or  regulations 
made  thereunder  in  relation  to  uni- 
versity constituencies  or  university 
elections : 

(b)  It  shall  not  be  necessary  to  prepare  an 

absent  voters  list,  but  the  right  to 
vote  by  proxy  may  be  exercised  by 
any  person  who  would  be  entitled 
to  exercise  such  right  if  his  name 
were  entered  on  an  absent  voters 
list,  so  long  as  all  other  conditions 
enabling  him  to  vote  by  proxy  are 
fulfilled  : 

(c)  Where  a  candidate's  deposit  is  forfeited 

the  deposit  shall  be  retained  by  the 
university. 

NOTE. — As  to  sub-sect.  (1).  The  provisions 
contained  in  Part  I.  of  the  Fifth  Schedule  to 
this  Act. — These  provisions,  with  footnotes  where 
necessary,  are  set  out  on  pp.  364 — 372,  infra. 

university  constituencies  other  than  the  Scot- 
tish university  constituency.  -  -  Part  III.  of 
the  Ninth  Schedule  to  this  Act,  set  out  on 
p.  554,  infm,  contains  a  list  of  university 
constituencies  in  Great  Britain,  together  with 
the  number  of  members  returnable  by  each 
constituency. 

the  provisions  contained  in  Part  II.  of  that 
Schedule. —  These  provisions  are  set  out  on 
pp.  373—386,  infra. 


UNIVERSITY  ELECTIONS.  281 

such  regulations  as  appear  necessary  or  de-    sect  36. 
sirable.— These  regulations  have  not,  at  the  date 
of  publication,  been  made. 

As  to  sub-section  (2),  This  Part  of  this  Act 
shall,  except  as  expressly  provided,  apply  to 
university  constituencies  and  university  elec- 
tions.— Part  III.  of  this  Act  consists  of  sections 
20  to  36.  Of  these  sections  those  which  apply  to 
university  constituencies  and  university  elections 
are  20,  22,  23,  26,  27,  33,  34,  35  and  36. 

In  considering  the  application  of  sect.  33  to 
university  elections,  it  would  seem  that  the 
maximum  scale  of  election  expenses  (set  out  on 
p.  228,  supra)  applies  to  university  elections. 
The  words  "  borough  election"  in  Part  IV.  (x)  of 
the  First  Schedule  to  the  Corrupt  Practices  Act, 
1883,  apparently  include  an  election  for  a  univer- 
sity constituency.  In  sect.  61  of  the  Representa- 
tion of  the  People  Act,  1867  (which  section  is 
expressly  left  unrepealed  by  the  present  Act(^)), 
the  term  "  borough  "  is  defined  as  "  any  borough, 
city,  place,  or  combination  of  places,  not  being  a 
county  as  hereinbefore  defined,  returning  a  mem- 
ber or  members  to  serve  in  Parliament."  By 
sect.  65  (1)  of  the  Act  of  1883,  the  words  "the 
Corrupt  Practices  Prevention  Acts"  wherever 
used  in  the  Act  of  1883  include  sects.  11,  49  and 
50  of  the  Act  of  1867.  Further,  the  Act  of  1883 
contains  no  definition  of  "  borough,"  so  that  the 
word  "  borough  "  when  used  in  the  Act  of  1883 

(.r)  Both   as  Part  IV.  originally  stood  and  as  altered  by  the 
present  Act.     See  sect.  33  (1),  p.  223,  supra, 
(y]  See  Sixth  Schedule,  p.  395,  infra. 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

must,  it  is  submitted,  bear  the  meaning  given  to 
it  by  sect.  61  of  the  Act  of  1867. 

As    to    sub-section   (3)   (a),    the    provisions]  of 
this  Act,  in  which  the  word  ballot-paper,  or  a 
reference  to  the   Ballot   Act,  1872,   occur,   are 
sects.  22,  23,  27,  set  out  on  pp.  164—165,  172- 
176,  208—210,  respectively. 

As  to  sub-section  (3)  (b),  see  sect.  23,  pp.  172— 
176,  supra. 

As  to  sub-section  (3)  (c),  see  sect.  27,  pp.  208— 
210,  supra. 


PART    IV. 
REDISTRIBUTION  OF  SEATS. 

37.  37. — (l)  Each  of  the  areas  mentioned  in 
the  first  column  of  the  First  Part  of  the 
Ninth  Schedule  to  this  Act  shall  be  a  parlia- 
mentary borough  returning  the  number  of 
members  specified  opposite  thereto  in  the 
said  Schedule,  and  where  so  provided  in  the 
Schedule  shall  be  divided  into  the  divisions 
specified  therein,  and  each  such  division 
shall  return  one  member. 

(2)  Each  of  the  areas  mentioned  in  the 
first  column  of  the  Second  Part  of  the 
Ninth  Schedule  to  this  Act  shall  be  a 
parliamentary  county  returning  the  number 
of  members  specified  opposite  thereto  in 
the  said  Schedule,  and  where  so  provided 


KEDISTKIBUTION  OF  SEATS. 

in  the  Schedule  shall  be   divided  into  the    Sect- 37 
divisions  specified  therein,   and   each   such 
division  shall  return  one  member. 

(3)  Each  of  the  universities  and  combina- 
tions of  universities  mentioned  in  the  Third 
Part   of  the   Ninth   Schedule  to  this   Act 
shall    be     a     constituency     returning    the 
number    of    members     specified     opposite 
thereto  in  the  said  Schedule. 

(4)  The    distribution    of   seats   in    Great 
Britain   under  this  Part  of  this  Act  shall 
take  the  place  of  the  distribution  of  seats 
existing  at  the  time  of  the  passing  of  this 
Act ;  and  all  writs  for  parliamentary  elec- 
tions and  other  documents  consequent  upon 
the  writs  or  relating  to  parliamentary  elec- 
tions or  the  registration  of  electors  shall  be 
framed  and  expressed  in  such  manner  and 
form  as  may  be  necessary  for  carrying  into 
effect  the  provisions  of  this  Act. 

NOTE.— The  First,  Second  and  Third  Parts  of 
the  Ninth  Schedule  to  this  Act  are  set  out  at 
pp.  404 — 481,  pp.  482 — 554,  and  p.  554,  infra, 
respectively. 

It  should  be  noted  that  sect.  37  set  out  above 
has  no  application  to  Ireland  (2).  Redistribution 
in  Ireland  is  dealt  with  by  the  Redistribution  of 
Seats  (Ireland)  Act,  1918. 

(z)  Sect.  44  (10),  pp.  333—334,  infra. 


284 
Sect.  38. 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 


Punishment 
of  offences 
committed 
outside  the 
United 
Kingdom. 


PART  V. 

[Sections  38—47.] 
GENERAL. 

38.  Where  any  person  commits  out  of 
the  United  Kingdom  any  act  which  if  that 
act  had  been  committed  in  the  United 
Kingdom  would  haye  rendered  that  person 
liable  to  prosecution  and  punishment  under 
the  Ballot  Act,  1872,  or  the  Corrupt  and 
Illegal  Practices  Prevention  Act,  1883  (as 
amended  by  any  subsequent  Act),  or  under 
this  Act,  that  person  shall  be  liable  to  be 
proceeded  against  and  punished  as  though 
the  act  had  been  committed  in  the  United 
Kingdom  at  any  place  where  that  person 
may  for  the  time  being  be. 

For  the  purposes  of  any  such  prosecution 
any  period  prescribed  as  the  period  within 
which  proceedings  may  be  commenced  shall 
be  reckoned  as  from  the  date  on  which  the 
person  charged  returned  to  the  United 
Kingdom  next  after  the  commission  of  the 
offence. 

NOTE. — It  would  appear  that  the  main  purpose 
of  this  section  is  to  bring  the  absent  voter  within 
the  operation  of  the  Acts  mentioned. 


OFFENCES  UNDER  BALLOT  ACT,  ETC. 

any  act  which  if  that  act   had  been  com-    sect.  38 


mitted  in  the  United  Kingdom  would  have 
rendered  that  person  liable  to  prosecution  and 
punishment  under  the  Ballot  Act,  1872,  or  the 
Corrupt  and  Illegal  Practices  Prevention  Act, 
1883  (as  amended  by  any  subsequent  Act),  or 
under  this  Act. 

On  an  examination  of  the  offences  which 
render  a  person  liable  to  prosecution  and  punish- 
ment under  the  Acts  mentioned  in  this  section,  it 
is  clear  that  some  of  these  offences  cannot  be 
committed  out  of  the  United  Kingdom,  and  that 
in  the  case  of  some  other  of  these  offences  it  is 
improbable  that  they  would  be  so  committed. 

It  is,  however,  thought  that  it  will  be  useful  to 
give  a  list  (a)  of  the  acts  which  render  a  person 
liable  to  prosecution  and  punishment  under  the 
statutes  mentioned. 

These  acts  and  the  punishment  for  the  same 
are  dealt  with  under  the  following  twelve  heads 
(pp.  285—302):- 

I.  Offences  in  respect  of  nomination  papers,  ballot 
papers,  and  ballot  boxes  (b)  .  —  (1)  Forging  or  fraudu- 
lently defacing  or  fraudulently  destroying  any 
nomination  paper,  or  delivering  to  the  returning 
officer  any  nomination  paper  knowing  the  same 
to  be  forged  ;  or 

(2)  Forging,  counterfeiting,  or  fraudulently 
defacing  or  fraudulently  destroying  any  ballot 

(a)  For  a  discussion  as  to  those  acts  which  have  been  dealt 
with  in  the  election  courts,  see  pp.  90  —  178  of  the  Author's 
"  Parliamentary  Elections  and  Election  Petitions,"  2nd  ed. 

(6)  Ballot  Act,  1872,  s.  3. 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  38.     paper  or  the  official  mark  on  any  ballot  paper ; 
or 

(3)  Without  due  authority  supplying  any  ballot 
paper  to  any  person  ;  or 

(4)  Fraudulently  putting  into  any  ballot  box 
any  paper  other  than  the  ballot  paper  which  he  is 
authorised  by  law  to  put  in  ;  or 

(5)  Fraudulently  taking  out  of  the  polling  station 
any  ballot  paper  ;  or 

(6)  Without  due  authority  destroying,  taking, 
opening,  or  otherwise  interfering  with  any  ballot 
box  or  packet  of  ballot  papers  then  in  use  for  the 
purposes  of  the  election  (c). 

Any  person  committing  any  of  the  offences  set 
out  above  shall  be  guilty  of  a  misdemeanour,  and 
be  liable,  if  he  is  a  returning  officer  or  an  officer 
or  clerk  in  attendance  at  a  polling  station,  to 
imprisonment  for  any  term  not  exceeding  two 
years,  with  or  without  hard  labour,  and  if  he  is 
any  other  person,  to  imprisonment  for  any  term 
not  exceeding  six  months,  with  or  without  hard 
labour  (c). 

Any  attempt  to  commit  any  of  the  offences  set 
out  above  shall  be  punishable  in  the  manner  in 
which  the  offence  itself  is  punishable  (c). 

II.  Infringement  of  secrecy. — No  officer,  clerk,  or 
agent  in  attendance  at  a  polling  station  shall 
communicate,  except  for  some  purpose  authorised 
by  law,  before  the  poll  is  closed,  to  any  person 
any  information  as  to  the  name  or  number  on  the 
register  of  voters  of  any  elector  who  has  or  has 
not  applied  for  a  ballot  paper  or  voted  at  that 

(c)  Ballot  Act,  1872,  s.  3. 


PERSONATION.  287 

station,  or  as  to  the  official  mark,  and  no  such  Sect.  88. 
officer,  clerk,  or  agent,  or  any  person  whosoever, 
shall  interfere  with  or  attempt  to  interfere  with  a 
voter  when  marking  his  vote,  or  otherwise  attempt 
to  obtain  in  the  polling  station  information  as  to 
the  candidate  for  whom  any  voter  in  such  station 
is  about  to  vote  or  has  voted,  or  communicate  at 
any  time  to  any  person  any  information  obtained 
in  a  polling  station  as  to  the  candidate  for  whom 
any  voter  in  such  station  is  about  to  vote  or  has 
voted,  or  as  to  the  number  on  the  back  of  the 
ballot  paper  given  to  any  voter  at  such  station  (d). 
No  officer,  clerk,  or  agent  in  attendance  at  the 
€ounting  of  the  votes  shall  attempt  to  ascertain  at 
such  counting  the  number  on  the  back  of  any 
ballot  paper,  or  communicate  any  information 
obtained  at  such  counting  as  to  the  candidate  for 
whom  any  vote  is  given  in  any  particular  ballot 
paper.  No  person  shall  directly  or  indirectly 
induce  any  voter  to  display  his  ballot  paper  after 
he  shall  have  marked  the  same,  so  as  to  make 
known  to  any  person  the  name  of  the  candidate 
for  or  against  whom  he  has  so  marked  his 
vote(d). 

Every  person  who  infringes  the  secrecy  of 
voting  by  committing  any  of  the  acts  set  out 
above  shall  be  liable,  on  summary  conviction 
before  two  justices  of  the  peace,  to  imprisonment 
for  any  term  not  exceeding  six  months,  with  or 
without  hard  labour  (d). 

III.  Personation. — Any  person  is  guilty  of  the 
offence  of  personation  who  at  an  election  for  a 

(d)  Ibid.  s.  4. 


288  EEPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  38.  county  or  borough  or  at  a  municipal  election 
applies  for  a  ballot  paper  in  the  name  of  some 
other  person,  whether  that  name  be  that  of  a 
person  living  or  dead,  or  a  fictitious  person,  or 
who  having  voted  once  at  any  such  election  ap- 
plies at  the  same  election  for  a  ballot  paper  in 
his  own  name(tf) .  This  offence  and  that  of  aiding, 
abetting,  counselling,  or  procuring  its  commission 
are  felonies,  and  any  person  convicted  of  either 
of  these  offences  on  indictment  shall  be  punished 
by  imprisonment  for  a  term  not  exceeding  two 
years  together  with  hard  labour  (/).  These 
offences  are  also  corrupt  practices  within  the 
meaning  of  the  Corrupt  Practices  Act,  1883  (g). 

A  person  who  is  convicted  on  indictment  of 
any  corrupt  practice  shall,  in  addition  to  any 
punishment  as  above  provided,  be  incapable 
during  a  period  of  seven  years  from  the  date  of 
his  conviction  (a)  of  being  registered  as  an  elector 
or  voting  at  any  election  in  the  United  Kingdom, 
whether  it  be  a  parliamentary  election  or  an  elec- 
tion for  any  public  office  within  the  meaning  of 
the  Corrupt  Practices  Act,  1883  ;  or  (b)  of  holding 
any  public  or  judicial  office  (h\  and  if  he  holds 
any  such  office  the  office  shall  be  vacated  (/). 

Any  person  so  convicted  of  a  corrupt  practice 
shall  be  incapable  of  being  elected  to  and  of 
sitting  in  the  House  of  Commons  during  the 

(e)  Corrupt  Practices  Act,  1883,  s.  3  ;  Ballot  Act,  1872,  s.  24. 
See  also  footnote  (a)  on  p.  285,  supra. 

(/)  Corrupt  Practices  Act,  1883,  s.  6  (2). 

(g]  Ibid.  s.  3. 

(h)  As  to  the  meaning  of  "public  office"  and  ''judicial  office," 
see  sect.  64  of  the  Corrupt  Practices  Act,  1883. 

(i)  Ibid.  s.  6  (3). 


BRIBERY.  289 

term  of  seven  years  next  after  the  date  of  his     Sect- 38- 
conviction,  and  if  at  that  date  he  has  been  elected 
to  the  House  of  Commons  his  election  shall  be 
vacated  from  the  time  of  such  conviction  (k). 

A  person  who  is  summarily  convicted  by  an 
election  court  of  any  corrupt  practice,  which 
cannot  occur  unless  such  person  declines  to  be 
tried  by  a  jury,  shall  be  subject  to  the  same  in- 
capacities as  if  he  had  been  convicted  on  indict- 
ment, and  further,  may  be  imprisoned  with  or 
without  hard  labour  for  a  term  not  exceeding  six 
months,  or  ordered  to  pay  a  fine  not  exceeding 
200J.  (I). 

Every  person  guilty  of  a  corrupt  practice  at  an 
election  is  prohibited  from  voting  at  such  elec- 
tion, and  if  any  such  person  votes,  his  vote  shall 
be  void  (ni). 

IV.  Bribery  (ri). — A  person  is  guilty  of  bribery 
who : — 

(1)  Directly  or  indirectly  by  himself ,  or  by  any 
other  person  on  his  behalf,  gives,  lends,  or  agrees 
to  give  or  lend,  or  offers,  promises,  or  promises 
to  procure  or  to  endeavour  to  procure,  any  money 
or  valuable  consideration  to  or  for  any  voter,  or 
to  or  for  any  person  on  behalf  of  any  voter,  or 
to  or  for  any  other  person,  in  order  to  induce  any 
voter  to  vote  or  refrain  from  voting,  or  corruptly 
does  any  such  act  as  aforesaid  on  account  of  such 

(k)  Ibid.  s.  6  (4). 

(0  Ibid.  s.  43  (4). 

(m)  Ibid.  s.  36. 

(n)  As  to  the  punishment  for  bribery,  see  pp.  293,  294,  infra. 

F.  19 


290  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  38.     voter  having  voted  or  refrained  from  voting  at 
any  election  (o) : 

(2}  Directly  or  indirectly  by  himself,  or  by  any 
other  person  on  his  behalf,  gives  or  procures  or 
agrees  to  give  or  procure,  or  offers  or  promises, 
or  promises  to  procure  or  to  endeavour  to  procure 
any  office,  place,  or  employment  to  or  for  any 
voter,  or  to  or  for  any  person  on  behalf  of  any 
voter,  or  to  or  for  any  other  person,  in  order  to 
induce  such  voter  to  vote  or  refrain  from  voting, 
or  corruptly  does  any  such  act  as  aforesaid  on 
account  of  any  voter  having  voted  or  refrained 
from  voting  at  any  election  (p) : 

(3)  Directly  or  indirectly,  by  himself,   or  by 
any  other  person  on  his  behalf,  makes  any  such 
gift,  loan,  offer,  promise,  procurement,  or  agree- 
ment as  aforesaid  to  or  for  any  person,  in  order 
to  induce  such  person  to  procure  or  endeavour  to 
procure  the   return  of   any  person   to    serve  in 
Parliament,    or   the   vote   of   any  voter   at   any 
election  (q) : 

(4)  Upon  or  in  consequence  of  any  such  gift, 
loan,  offer,  promise,  procurement  or  agreement, 
procures  or  engages,  promises  or  endeavours  to 
procure,  the  return    of   any  person  to  serve  in 
Parliament,    or   the   vote   of   any  voter   at   any 
election  (r) : 

(5)  Advances  or  pays,  or  causes  to  be  paid, 

(o)  Corrupt  Practices  Act,  1883,  s.  3;  Corrupt  Practices  Preven- 
tion Act,  1854,  s.  2.     See  also  footnote  (a)  on  p.  285,  supra. 
(p}Ibid. 
(j)  Ibid, 
(r)  Ibid. 


TREATING.  291 

any  money  to  or  to  the  use  of  any  other  person  Sect.  88. 
with  the  intent  that  such  money  or  any  part 
thereof  shall  be  expended  in  bribery  at  any  elec- 
tion, or  knowingly  pays  or  causes  to  be  paid  any 
money  to  any  person  in  discharge  or  repayment 
of  any  money  wholly  or  in  part  expended  in 
bribery  at  any  election ;  but  this  has  no  applica- 
tion to  any  money  paid  or  agreed  to  be  paid  for  or 
on  account  of  any  legal  expenses  bond  fide  incurred 
at  or  concerning  any  election  (s) : 

(6)  Being  a  voter,  before  or  during  any  elec- 
tion directly  or  indirectly  by  himself,  or  by  any 
other  person   on  his  behalf,  receives,  agrees  or 
contracts  for  any  money,  gift,  loan,  or  valuable 
consideration,  office,   place   or   employment,   for 
himself  or  for  any   other  person,  for  voting  or 
agreeing  to  vote,  or  for  refraining  or  agreeing  to 
refrain  from  voting  at  any  election  (t): 

(7)  After  any  election,  directly  or  indirectly 
by  himself  or  by  any  other  person  on  his  behalf, 
receives  any  money  or  valuable  consideration  on 
account  of  any  person  having  voted  or  refrained 
from  voting,  or  having  induced  any  other  person 
to  vote  or  refrain  from  voting  at  any  election  (u). 

V.  Treating. — Any  person  who  corruptly  by  him- 
self or  by  any  other  person,  either  before,  during, 
or  after  an  election,  directly  or  indirectly  gives 
or  provides,  or  pays  wholly  or  in  part  the  expense 
of  giving  or  providing,  any  meat,  drink,  enter- 

(«)  Ibid. 

(t)  Corrupt  Practices  Act,   1883,  s.  3;    Corrupt  Practices  Pre- 
vention Act,  1854,  s.  3. 
(M)  Ibid. 

19(2) 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect-  38  tainment  or  provision  to  or  for  any  person  for 
the  purpose  of  corruptly  influencing  that  person 
or  any  other  person  to  give  or  refrain  from  giving 
his  vote  at  the  election,  or  on  account  of  such 
person  or  any  other  person  having  voted  or  re- 
frained from  voting  or  being  about  to  vote  or 
refrain  from  voting  at  such  election,  shall  be 
guilty  of  treating  (x). 

And  every  elector  who  corruptly  accepts  or 
takes  any  such  meat,  drink,  entertainment,  or 
provision  shall  also  be  guilty  of  treating  (x). 

VI.  Undue  influence. — Every  person  is  guilty  of 
undue  influence  who,  directly  or  indirectly,  by 
himself  or  by  any  other   person   on  his  behalf, 
makes  use  of,  or  threatens  to  make  use  of,  any 
force,  violence,  or  restraint,  or  inflicts,  or  threat- 
ens to  inflict,  by  himself  or  by  any  other  person, 
any  temporal  or  spiritual  injury,  damage,  harm, 
or   loss,   upon    or   against   any  person   in   order 
to  induce  or  compel  such  person  to  vote  or  refrain 
from  voting,  or  on  account  of  such  person  having 
voted  or  refrained  from  voting  at  any  election,  or 
who,    by   abduction,    duress,    or  any  fraudulent 
device  or  contrivance,  impedes  or  prevents  the 
free  exercise  of  the  franchise  of  any  elector,  or 
thereby  compels,  induces,  or  prevails  upon  any 
elector  either  to  give  or  refrain  from  giving  his 
vote  at  any  election  (y). 

VII.  Making  knowingly  a  false  declaration  respect- 

(x)  Corrupt  Practices  Act,  1883,  s.  1.     See  also  footnote  (a)  on 
p.  285,  supra. 

(y]  Ibid.  s.  2.     See  also  footnote  (a)  on  p.  285,  supra. 


PUNISHMENT  OF  CORRUPT  PRACTICES.  293 

ing  election  expenses  (2).  —  The  only  persons  who  can    Sect.  88. 
commit  this  offence  are  a  candidate  and  an  elec- 
tion agent  (a). 

VIII.  Incurring  expenses  on  account  of  public  meet- 
ings or  issuing  advertisements,  circulars,  or  publications 
by  unauthorised  persons.  —  Any  person  other  than  an 
election  agent  who  incurs  any  expenses  on  account 
of  holding  public  meetings  or  issuing  advertise- 
ments, circulars,  or  publications  for  the  purpose 
of  promoting  or  procuring  the  election  of  any 
candidate  at  a  parliamentary  election,  unless  he  is 
authorised  in  writing  to  do  so  by  such  election 
agent,  shall  be  guilty  of  a  corrupt  practice  within 
the  meaning  of  the  Corrupt  Practices  Act, 


The  offences  of  bribery  (c),  treating  (c),  undue 
influence  (<?),  making  knowingly  a  false  declara- 
tion respecting  election  expenses  (t/),  as  well  as 
that  of  incurring  expenses  on  account  of  public 
meetings,  &c.  referred  to  above  (0),  are  corrupt 
practices  within  the  meaning  of  the  Corrupt  Prac- 
tices Act,  1883. 

A  person  who  commits  any  of  these  corrupt 
practices  shall  be  guilty  of  misdemeanour,  and  on 
conviction  on  indictment  shall  be  liable  to  be 
imprisoned  with  or  without  hard  labour  for  a  term 
not  exceeding  one  year,  or  to  be  fined  any  sum 
not  exceeding  200/.  (/). 

(z]  Ibid.  s.  33.     See  also  footnote  (a)  on  p.  285,  supra. 

(a]  Ibid.  s.  33  (7). 

(6)  See  sect.  34  of  the  present  Act  and  pp.  270  —  277,  supra. 

(c)  Corrupt  Practices  Act,  1883,  s.  3. 

(d}  Ibid.  s.  33  (7), 

(e)  Sect.  34  of  the  present  Act,  pp.  269  —  270,  supra. 

(/)  Corrupt  Practices  Act,  1883,  s.  6  (1). 


294  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

s.^  Such  person  is  also  subject,  on  conviction,  to 
the  incapacities  mentioned  on  pp.  275 — 276,  supra. 
Further,  any  person  committing  the  offence  of 
making  knowingly  a  false  declaration  respecting 
election  expenses  is  guilty  of  a  misdemeanour, 
and  is  liable  on  conviction  thereof  on  indictment 
to  imprisonment  with  or  without  hard  labour  for 
any  term  not  exceeding  two  years  or  to  a  fine, 
or  to  both  such  imprisonment  and  fine(^). 

IX.  Illegal  practices  (h). — (1)  Making  or  receiv- 
ing payment  or  making  a  contract  for  payment  for 
the  purpose  of  promoting  or  procuring  the  election 
of  a  candidate  at  any  election — (a)  on  account  of 
the  conveyance  of  the  electors  to  or  from  the  poll, 
whether  for  the  hiring  of  horses  or  carriages,  or 
for  railway  fares,  or  otherwise;  or  (b)  to  an 
elector  on  account  of  the  use  of  any  house,  land, 
building,  or  premises,  for  the  exhibition  of  any 
address,  bill,  or  notice,  or  on  account  of  the  ex- 
hibition of  any  address,  bill,  or  notice,  unless  it 
is  the  ordinary  business  of  such  elector  as  an 
advertising  agent  to  exhibit  for  payment  bills 
and  advertisements,  and  such  payment  to  or  con- 
tract with  such  elector  is  made  in  the  ordinary 
course  of  business ;  or  (c)  on  account  of  any  com- 
mittee room  in  excess  of  the  number  allowed  by 
the  Corrupt  Practices  Act,  1883,  Schedule  !.(»'). 

(2)  Payment  of  any  sum  or  incurring  any  ex- 
pense by  a  candidate  at  an  election  or  his  election 

(g)  Perjury  Act,  1911,  s.  5. 

(h)  See  footnote  (a)  on  p.  285,  supra, 

(*)  Corrupt  Practices  Act,  1883,  s.  7.  See  Pontefract  (1893), 
Day's  Election  Cases,  62—63,  and  pp.  142—144  of  the  Author's 
Parliamentary  Elections  and  Election  Petitions,  2nd  edition. 


ILLEGAL  PRACTICES.  295 

agent,  or  sub-agent  within  his  district,  whether    Sect  38. 
before,  during,  or  after  an  election,  on  account 
of  or  in  respect  of  the  conduct  or  management  of 
such  election,  in  excess  of  the  maximum  specified 
in  the  Fourth  Schedule  to  the  present  Act  (k). 

(3)  Voting  at  an  election  by  any  person  who 
knows   that   he   is    prohibited   by   statute   from 
voting,  or  inducing  or  procuring  any  person  to 
vote  at  an  election  knowing  that  such  person  is 
prohibited  by  statute  from  voting  (/). 

(4)  Knowingly  publishing,  before  or  during  an 
election,  a  false  statement  of  the  withdrawal  of 
a  candidate  at  such  election,  for  the  purpose  of 
promoting  or  procuring  the  election  of  another 
candidate  (m). 

(5)  In  the  case  of   a   candidate,   his  election 
agent,  or  sub-agent*  within  his  district,  printing, 
publishing  or  posting,  or  causing  to  be  printed, 
published  or  posted,  any  bill,  placard,  or  poster, 
having  reference  to  an  election,   which  fails  to 
bear  upon  the  face  thereof  the  name  and  address 
of  the  printer  and  publisher  (n). 

(6)  In  the  case  of  a  candidate  at  an  election  or 
any  agent  of  his  or  any  other  person  making  any 
payment,  advance,  or  deposit  before,  during,  or 
after,  an  election,  in  respect  of  any  expenses  in- 
curred on  account  of  or  in  respect  of  the  conduct 
or  management  of  such  election  otherwise  than 

by  or  through  the  election  agent  acting  in  person,         , 

(&)  See  sect.  33  of  the  present  Act  and  sects.  8,  25,  of  the  Corrupt 
Practices  Act,  1883,  and  p.  228,  supra. 

(/)  Corrupt  Practices  Act,  1883,  s.  9  (1),  (3). 
(m)  Ibifl.  s.  9  (2),  (3). 
(n)  Ibid.  as.  18,  25. 


296  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  88.  or  by  a  sub-agent  within  his  district,  and  in  the 
case  of  any  person,  payment  of  any  money  pro- 
vided by  any  person  other  than  the  candidate  for 
any  of  the  said  expenses,  whether  as  gift,  loan, 
advance,  or  deposit,  to  any  person  other  than  the 
candidate  or  his  election  agent  (o).  This  shall 
not,  however,  apply  to — (i)  a  tender  of  security 
to  or  payment  by  the  returning  officer ;  or  (ii)  any 
sum  disbursed  by  any  person  out  of  his  own 
money  for  any  small  expense  legally  incurred  by 
himself  if  such  sum  is  not  repaid  to  him ;  or 
(iii)  payment  by  the  candidate  of  any  personal 
expenses  incurred  by  him  on  account  of  or  in 
connection  with  or  incidental  to  the  election,  to 
an  amount  not  exceeding  100/.  (/>);  or  (iv)  the 
payment  by  any  person  if  authorised  in  writing 
by  the  election  agent  of  any  necessary  expenses 
for  stationery,  postage,  telegrams,  and  other  petty 
expenses,  to  a  total  amount  not  exceeding  that 
named  in  the  authority  (q). 

(7)  In  the  case  of  an  election  agent,  or  sub- 
agent  within  his  district,  payment — (a)  without  a 
judgment  or  order  of  a  competent  Court,  or  leave 
of  the  High  Court  first  obtained,  of  a  claim 
against  a  candidate  or  his  election  agent  in 
respect  of  any  expenses  incurred  on  account  or 
in  respect  of  the  conduct  or  management  of  such 
election,  which  is  not  sent  in  to  the  election 
agent  within  fourteen  days  after  the  day  on  which 
the  candidates  returned  are  declared  elected  (r) ; 

(o)  Corrupt  Practices  Act,  1883,  ss.  25,  28. 

(p]  Ibid.  s.  31  (1). 

(q)  llid.  B.  31  (3). 

(r)  Ibid.  s.  29(2),  (3),  (8),  (9);  s.  2fi. 


ILLEGAL  PRACTICES.  297 

(b)  without  such  leave,  of  any  of  the  said  expenses    Sect.  38. 
after  twenty-eight  days  after  the  day  on  which 
the  candidates  returned  are  declared  elected  (s). 

(8)  In  the  case  of  a  candidate  or  his  election 
agent,  failure,  without  authorised  excuse,  to  com- 
ply with  the  requirements  of  sect.  33  of  the  Corrupt 
Practices  Act,  1883,  as  to  the  return  and  declara- 
tion respecting  election  expenses  (if). 

(9)  Making  or  publishing  a  false  statement  of 
fact  in  relation  to  the  personal  character  or  con- 
duct of  a  candidate  for  the  purpose  of  affecting 
his  return,  unless  the  person  making  or  publishing 
such  statement  can  show  that  he  had  reasonable 
grounds  for  believing  and  did  believe  the  state- 
ment made  by  him  to  be  true  (u). 

(10)  Any   illegal    payment,    employment,    or 
hiring  by  a  candidate,  his  election  agent,  or  sub- 
agent    within    his   district,   if    personally   guilty 
thereof  (x). 

(11)  Acting   or   inciting    others    to  act   at    a 
political  meeting  in  a  disorderly  manner  for  the 
purpose   of   preventing    the    transaction    of    the 
business   for   which   the  meeting  was  called  to- 
gether, provided  that  such   meeting  is  a  lawful 
public  meeting  held  in  a  parliamentary  constitu- 

(s]  Hid.  B.  29  (4),  (5) ;  s.  25.  If,  however,  the  election  court 
reports  that  such  payment  was  made  without  the  sanction  or  con- 
nivance of  the  candidate,  his  election  will  not  be  void  nor  will  he 
be  subject  to  any  incapacity  by  reason  of  such  payment :  ibid. 
«.  29  (6). 

(t)  Ibid.  s.  33  (6).  As  to  the  position  of  the  sub-agent,  see  ibid. 
s.  25. 

(?t)  Corrupt  Practices  Act,  1895,  s.  1. 

(a?)  Corrupt  Practices  Act,  1883,  ss.  21  (2),  25. 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect-  38-  ency  between  the  date  of  the  issue  (V)  of  a  writ 
for  the  return  of  a  member  of  Parliament  for 
such  constituency  and  the  date  at  which  a  return 
to  such  writ  is  made  (a). 

(12)  Voting  for  more  constituencies  than  the 
voter  is  entitled  to  vote  for  in  accordance  with  the 
present  Act,  or  asking  for  a  ballot  or  voting  paper 
for  the  purpose  of  so  voting,  provided  that  (a)  the 
fact  that  any  person  has  asked  for  a  ballot  paper 
in  a  constituency  in  circumstances  which  entitle 
him  only  to   mark  a  tendered   ballot   paper   in 
pursuance  of   Rule  27  of  the  First  Part  of  the 
First  Schedule  to  the  Ballot  Act,  1872,  shall  not, 
if  he  does  not  exercise   that  right,   prevent   his 
voting  or  asking  for  a  ballot  or  voting  paper  in 
another  constituency  (b)  ;  and  (b)  the  giving  of  a 
vote  by  a  returning  officer  in  pursuance  of  sect.  2 
of  the  Ballot  Act,  1872,  in  the  case  of  an  equality 
of  votes,  or  the  asking  for  a  ballot  paper  for  the 
purpose  of  so  voting,  shall  not,  for  the  purposes 
of  this  section,  be  deemed  to  be  the  giving  of  a 
vote  as  a  parliamentary  elector,  or  the  asking  for 
a  ballot  paper  for  the  purpose  of  so  voting  (b). 

(13)  In  the  case  of  a  person  who  is  for  the 
time  being  entitled  to  vote  by  proxy  in  a  con- 
stituency under  the  present  Act,  himself  voting 
or  attempting  to  vote  at  any  parliamentary  elec- 
tion  in  that  constituency  otherwise  than  by  means 

(z)  The  writ  is  issued  by  the  Speaker  of  the  House  of  Commons 
and  may  sometimes  not  be  received  by  the  returning  officer  in 
the  constituency  until  a  day  later. 

(«)  Public  Meeting  Act,  1908,  SB.  1,  2. 

(?>)  See  sect.  22  of  the  present  Act  and  pp.  166 — 167,  supra. 


PUNISHMENT  OY  ILLEGAL  PRACTICES.  299 

of  the  proxy  paper,  while  the  proxy  paper  is  in     Sect.  38. 
force  (<?). 

(14)  Voting  or  attempting  to  vote  as  proxy  on 
behalf  of  more  than  two  absent  voters  at  an  elec- 
tion in  any  constituency  unless  such  person   is 
voting  as  the  husband  or  wife,   or  the  parent, 
brother,  or  sister  of  the  absent  voter  (c). 

(15)  Voting  or  attempting  to  vote  at  any  elec- 
tion under  the  authority  of  a  proxy  paper  when 
such  person  knows  or  has  reasonable  grounds  for 
supposing  that  the  proxy  paper  has  been  cancelled, 
or  that  the  elector  to  whom  or  on  whose  behalf 
the  proxy  paper  has  been  issued  is  dead  or  no 
longer  entitled  to  vote  at  that  election  (c). 

A  person  guilty  of  an  illegal  practice  may  be 
prosecuted  in  the  manner  provided  by  the  Sum- 
mary Jurisdiction  Acts(^),  and  is  on  summary 
conviction  liable  to  a  fine  not  exceeding  100/.(r/), 
and  is  incapable,  during  a  period  of  five  years 
from  the  date  of  his  conviction,  of  being  regis- 
tered as  an  elector,  or  of  voting  at  any  election 
(whether  it  be  a  parliamentary  election  or  an 
election  for  a  public  office  (0),  held  for  or  within 
the  county  or  borough  in  which  the  illegal  prac- 
tice was  committed  (/). 

Further,  he  is  prohibited  from  voting  at  such 
election,  and  if  he  votes  his  vote  shall  be  void(^). 

(c)  Clause  (10)  of  the  Third  Schedule  to  the  present  Act,  see 
pp.  361—362,  infra. 

(d)  Corrupt  Practices  Act,  1883,  s.  54  (1). 

(e)  As  to  meaning  of  "public  office,"  see  sect.  63  of  the  Corrupt 
Practices  Act,  1883. 

(/)  Ibid.  8.  10. 
(g)  Ibid.  s.  36. 


300  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect.  88.         X.   Illegal  payment  (K). — A  person  is  guilty  of 
illegal  payment  who — 

( 1 )  Knowingly  provides   money  for  any  pay- 
ment contrary  to  the  provisions  of  the  Corrupt 
Practices  Act,  1883,  or  for  any  expenses  incurred 
in  excess  of  any  maximum  amount  allowed  by 
the  said  Act,  or  for  replacing  any  money  expended 
in  any  such  payment  or  expenses,  except  where 
the  same  may  previously  have  been  allowed  as  an 
exception  (i) : 

(2)  Corruptly  induces  or   procures   any.  other 
person  to  withdraw  from  being  a  candidate  at  an 
election  in  consideration  of  any  payment  or  pro- 
mise of  payment,  or  so  withdraws  in  pursuance 
of  such  inducement  or  procure rnent(/r)  : 

(3)  Pays  or  receives  payment  or  contracts  for 
payment,  before,  during,  or  after  an  election,  for 
the  purpose  of  promoting  or  procuring  the  election 
of  a  candidate  at  any  election,  on  account  of  bands 
of  music,  torches,  flags,  banners,  cockades,  ribbons 
or  other  marks  of  distinction  (I). 

XL  Illegal  employment  (m). — A  person  is  guilty 
of  illegal  employment  who  for  the  purpose  of  pro- 
moting or  procuring  the  election  of  a  candidate 
at  any  election  engages  or  employs,  or  is  for  the 
said  purpose  engaged  or  employed  by,  any  other 
person  for  payment  or  promise  of  payment  for 
any  purpose,  or  in  any  capacity  whatever,  except 
for  any  purposes  or  capacities  mentioned  in  the 

(h)  See  footnote  («)  on  p.  285,  supra. 

(i)  Corrupt  Practices  Act,  1883,  s.  13.     See  also  sect.  33  (1)  of  the 
present  Act,  p.  223,  supra. 

(A-)  Corrupt  Practices  Act,  1883,  s.  15. 

(Z)  Ibid.  s.  16. 

(m)  See  footnote  (a)  on  p.  285,  supra. 


ILLEGAL  HIRING. 

first  or  second  Parts  of  the  First  Schedule  to  the    Sect-  88 


Corrupt  Practices  Act,  1883,  or  except  so  far  as 
payment  is  authorised  by  the  first  or  second  Parts 
of  the  said  Schedule  or  otherwise  by  the  said 
Act  (m). 

XII.  Illegal  hiring  (ri).  —  A  person  is  guilty  of 
illegal  hiring  who  — 

(1)  Lets,  lends,  or  employs,  for  the  purpose  of 
conveyance  «of  electors  to  or  from  the  poll,  any 
public  stage  or  hackney  carriage,  or  any  horse  or 
other  animal  kept  or  used  for  drawing  the  same, 
or  any  carriage,  horse,  or  other  animal,  which  he 
keeps  or  uses  for  the  purpose  of  letting  out  for 
hire,  knowing  that  it  is  intended  to  be  used  for 
the  purpose  of  the  conveyance  of  electors  to  or 
from  the  poll  (o)  ;  or 

(2)  Hires,  borrows,  or  uses,  for  the  purpose  of 
the  conveyance  of  electors  to  or  from  the  poll,  any 
carriage,  horse,  or  other  animal,  knowing  that  the 
owner  thereof  is  prohibited  from  letting,  lending, 
or  employing  it  for  that  purpose  (/>);  or 

(3)  Hires  or  uses  as  a  committee  room,  for  the 
purpose  of  promoting  or  procuring  the  election  of 
a  candidate  at  an  election,  or  lets,  knowing  it  was 
intended  to  use  the  same  as  a  committee  room, 
any  premises  or  part  of  any  premises,  — 

(a)  On  which  the  sale  by  wholesale  or  retail  of 
any  intoxicating  Jiquor  is  authorised  by 
a  licence  (whether  the  licence  be  for 
consumption  on  or  off  the  premises)  ;  or 

(m]  Corrupt  Practices  Act,  1883,  s.  17. 
(n)  See  footnote  (a)  on  p.  285,  supra. 
(o)  Corrupt  Practices  Act,  1883,  s.  14  (1). 
(p)  Ibid.  s.  14  (2). 


302  REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 

Sect.  88.  (b)  Where  any  intoxicating  liquor  is  sold,  or  is 
supplied  to  members  of  a  club,  society, 
or  association,  other  than  a  permanent 
political  club  ;  or 

(c)  Whereon  refreshment  of  any  kind,  whether 

food  or  drink,  is  ordinarily  sold  for  con- 
sumption on  the  premises ;  or 

(d)  Of  any  public  elementary  school  in  receipt 

of  an  annual  parliamentary  grant ; 
but  the  provisions  of  (3)  (a),  (b),  (c),  (d),  above, 
do  not  apply  to  any  part  of  such  premises 
which  is  ordinarily  let  for  the  purpose  of  chambers 
or  offices,  or  the  holding  of  public  meetings  or  of 
arbitrations,  if  such  part  has  a  separate  entrance 
and  no  direct  communication  with  any  part  of  the 
premises  on  which  any  intoxicating  liquor  or  re- 
freshment is  sold  or  supplied  as  aforesaid  (q). 

A  person  guilty  of  an  offence  of  illegal  payment, 
employment,  or  hiring  may  be  prosecuted  in  the 
manner  provided  by  the  Summary  Jurisdiction 
Acts  (r),  and  shall,  on  summary  conviction,  be 
liable  to  a  fine  not  exceeding  100/.  (s). 

A  candidate,  or  an  election  agent  of  a  candi- 
date, who  is  personally  guilty  of  an  offence  of 
illegal  payment,  employment,  or  hiring,  is  guilty 
of  an  illegal  practice,  and  is  punishable  accord- 
ingly (t). 

As  to  the  words  in  the  second  paragraph  of  sect.  38, 
any  period  prescribed  as  the  period  within  which 
proceedings  may  be  commenced. — A  proceeding 

(q)  Corrupt  Practices  Act,  1883,  s.  20. 

(r)  Ibid.  s.  54  (1). 

(«)  Ibid.  B.  21  (1). 

(t)  Ibid.  e.  21  (2),  and  see  p.  299,  supra. 


RE-ARRANGEMENT  OF  POLLING  DISTRICTS.  303 

against  a  person  in  respect  of  the  offence  of  a  Sect.  88. 
corrupt  or  illegal  practice,  or  any  other  offence 
under  the  Corrupt  Practices  Prevention  Acts, 
must  be  commenced  within  one  year  after  the 
offence  was  committed,  or  if  it  was  committed  in 
reference  to  an  election  with  respect  to  which  an 
inquiry  is  held  by  election  commissioners  shall  be 
commenced  within  one  year  after  the  offence  was 
committed,  or  within  three  months  after  the 
report  of  such  commissioners  is  made,  whichever 
period  last  expires,  so  that  it  be  commenced 
within  two  years  after  the  offence  was  com- 
mitted (u).  In  the  case  of  offences  under  the 
Ballot  Act,  1872,  dealt  with  under  I.  and  II.  on 
pp.  285 — 287,  supra,  there  is  no  limit  of  time 
within  which  proceedings  must  be  commenced. 

By  sect.  38  of  the  present  Act,  this  period 
shall  be  reckoned  as  from  the  date  on  which 
the  person  charged  returned  to  the  United  King- 
dom next  after  the  commission  of  the  offence. 

39.  The  council  having  power  to  divide  Re-arrange- 
a  constituency  into  polling  districts  shall,  JSng 
not  later  than  one  month  after  the  passing  tomtit 
of   this    Act,   take   into   consideration   the 
division    of  the    constituency   into   polling- 
districts,  and  make  any  re-arrangements  of 
those  districts  and  of  polling  places  which 
it   appears   necessary  to  make  as  a  conse- 
quence of  alterations  effected  by  this  Act. 

NOTE. — The  council  having   power   here   re- 

(t*)  Corrupt  Practices  Act,  1883,  s.  51  (1). 


304 


REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 


Sect.  39. 


Regulations 
to  be  laid 
before 
Parliament. 


ferred  to  is  the  County  Council.  See  Local 
Government  Act,  1888,  s.  3  (xii.). 

constituency. — As  to  the  meaning  of  this  word, 
see  sect.  41  (1),  p.  305,  infra. 

In  the  application  of  this  section  to  Scotland, 
by  sect.  43  (17)  (p.  323,  infra)  the  returning 
officer  is  substituted  for  the  council. 

As  to  Ireland,  see  sect.  44  (9),  pp.  332 — 333, 
infra. 

40. — (1)  All  rules,  regulations,  or  pro- 
visions made  by  Order  in  Council  under 
this  Act  shall  be  laid  before  each  House  of 
Parliament  forthwith  ;  and  unless  and  until 
an  address  is  presented  to  His  Majesty  by 
either  House  of  Parliament  within  the  next 
subsequent  twenty-one  days  on  which  that 
House  has  sat  next  after  any  such  rule, 
regulation,  or  provision  is  laid  before  it, 
praying  that  the  rule,  regulation,  or  pro- 
vision may  be  annulled,  the  rule,  regulation, 
or  provision  shall  have  effect  as  if  enacted 
in  this  Act. 

(2)  Any  Order  in  Council  under  this 
Act  may  be  revoked  or  varied  as  occasion 
requires  by  any  subsequent  Order  in  Council. 

NOTE. — The  Orders  in  Council  under  this  Act 
which  have,  up  to  the  time  of  going  to  press,  been 
made  will  be  found  in  Appendices  I.  and  VI., 
infra. 


INTERPRETATION.  305 

41.  In  this  Act,  unless  the  context  other-    sect.  41. 
wise  requires, — 

*  tion. 

(1)  The  expression  "  constituency  "  means 

any  county,  borough,  or  combina- 
tion of  places,  or  university  or 
combination  of  universities,  return- 
ing a  member  to  serve  in  Parlia- 
ment ;  and,  where  a  county  or 
borough  is  divided  for  the  purpose 
of  parliamentary  elections,  means 
a  division  of  the  county  or  borough 
so  divided  ;  and  elections  for  any 
such  division  shall  be  held  in  'the 
same  manner  and  subject  to  the 
same  provisions  as  those  for  un- 
divided counties  or  boroughs  (x) : 

(2)  The    expression    "local    government 

electoral  area  "  means  the  area  for 
which  any  county  council,  muni- 
cipal borough  council,  metropolitan 
borough  council,  district  council, 
board  of  guardians,  parish  council, 
or  any  other  body  elected  at  the 
time  of  the  passing  of  this  Act  by 
persons  on  the  local  government 
register  or  on  the  register  of 
parochial  electors  is  elected ;  and 

(x)  For  a  list  of  counties,  boroughs,  combinations  of  places,  and 
universities  and  combinations  of  universities  returning  members  to 
serve  in  Parliament,  see  the  Ninth  Schedule  to  the  present  Act, 
pp.  404—554,  infra. 

Y.  20 


306  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

sect.  41.  the  expression  "  local  government 

election  "  means  an  election  for  any 
such  council,  board,  or  body  (y) : 

(3)  The    expression    "  general    election ' 

means  an  election  of  members  to 
serve  in  a  new  Parliament  of  the 
United  Kingdom : 

(4)  The  expression  "  university  constitu- 

ency "  means  a  constituency  con- 
sisting of  a  university  or  a  com- 
bination of  universities ;  and  the 
expression  "  university  election  " 
means  an  election  of  a  member 
or  members  of  Parliament  for  a 
university  constituency  (s)  : 

(5)  A  person  who  is  an  inmate  or  patient 

in  any  prison,  lunatic  asylum, 
workhouse,  poorhouse,  or  any 
other  similar  institution  shall  not 
by  reason  thereof  be  treated  as 
resident  therein  for  any  purpose 
of  this  Act  (a)  : 

(6)  The  expression  "  transferable  vote  "  (b) 

means  a  vote — 

(a)  capable  of  being  given  so  as 

(y)  See  sect.  3,  pp.  40  — 41,  s.  4  (3),  pp.  64—65,  and  s.  8  (2), 
pp.  101—102,  supra. 

(z)  For  a  list  of  university  constituencies,  see  the  Ninth  Schedule 
to  the  present  Act,  Part  III.,  p.  554,  infra.  As  to  university 
elections,  see  s.  36,  pp.  279 — 280,  supra. 

(a)  See  p.  15,  supra. 

(b]  See  sect.  20,  pp.  155—157,  and  pp.  158—160,  supra. 


INTERPRETATION.  307 

to  indicate  the  voter's  preference    Sect- 41- 
for  the  candidates  in  order ;  and 

(b)  capable  of  being  transferred 
to  the  next  choice  when  the  vote 
is  not  required  to  give  a  prior 
choice  the  necessary  quota  of 
votes,  or  when,  owing  to  the 
deficiency  in  the  number  of  the 
votes  given  for  a  prior  choice,  that 
choice  is  eliminated  from  the  list 
of  candidates  (c} : 

(7)  For    the    purposes   of  registration    a 

person's  age  shall  be  taken  to  be 
that  person's  age  on  the  last  day 
of  the  qualifying  period  (d) : 

(8)  The  expression  "  dwelling-house  "  in- 

cludes any  part  of  a  house  where 
that  part  is  occupied  separately 
as  a  dwelling-house  (e) : 

(9)  The  yearly  value  of  land  or  premises 

shall  be  taken  to  be  the  gross 
estimated  rental,  or  in  the  metro- 
polis the  gross  value,  where  those 
premises  are  separately  assessed  to 
rates,  and  in  any  other  case  shall 
be  deemed  to  be  the  amount 
which  would  in  the  opinion  of  the 

(c)  See  sect.  20,  pp.  155 — 157,  and  pp.  158—160,  supra, 
(d}  See  pp.  4  and  81,  supra, 
(e)  See  pp.  49 — 55  and  70,  supra. 
20  (2) 


308  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

^ec^3^  registration    officer   be    the    gross 

estimated  rental  or  gross  value,  as 
the  case  requires  if  they  were 
separately  assessed  (/) : 

(10)  The    expression    "  afloat "    and   ex- 

pressions relating  to  service  afloat 
in  connection  with  naval  and  mili- 
tary voters  shall  be  interpreted  in 
accordance  with  rules  (g)  made  for 
the  purpose  by  the  Admiralty  (h) : 

(11)  The  expression  "  prescribed  "  means 

prescribed  by  His  Majesty  by 
Order  in  Council. 

Adaptation  42.  The  parliamentary  and  the  local 
government  franchises  enacted  by  this  Act 
shall  take  the  place  of  all  parliamentary 
and,  so  far  as  respects  local  government 
elections  within  the  meaning  of  this  Act,  of 
all  local  government  franchises  existing  at 
the  time  of  the  passing  of  this  Act ;  and 
the  provisions  set  out  in  the  Sixth  Schedule 
to  this  Act  with  respect  to  the  adaptation 
of  Acts  shall  have  effect  for  the  purpose  of 
adapting  the  law  to  the  provisions  of  this 
Act. 

NOTE. — For  the  Sixth  Schedule  to  this  Act,  see 
pp.  386— 390,  infra. 

(/)  See  pp.  28-33,  68—69,  71,  supra. 

(g)  Set  out  on  p.  628,  infra. 

(h)  See  sect.  5  (3)  (ii),  pp.  77—78,  and  pp.  83—84,  supra. 


APPLICATION  TO  SCOTLAND.  809 

43.  This    Act   shall   apply   to    Scotland,    sect.  43. 
subject  to  the  following  modifications  :—         topscltiand 

(1)  Unless    the    context    otherwise    re- 
quires— 

(a)  The    word    "  borough"    ex- 
cept  as   used    in    the    expression 
"parliamentary   borough"    means 
"  burgh  "  ; 

(b)  The  expression  "  local  govern- 
ment  electoral   area"   means   the 
area  for  which  any  county  council, 
town   council,    parish   council,    or 
school  board,  is  elected,  and  "  local 
government    election "    means    an 
election  for  any  such   council  or 
board  ; 

(c)  The   expression  "  the   Local 
Government  Board  "  (except  where 
otherwise       expressly       provided) 
means  the  Secretary  for  Scotland ; 

(d)  The   expression   "  Valuation 

Acts  "  means  the  Lands  Valuation  n&isvict. 
(Scotland)  Act,  1854,  and  any  Acts  °*9L 
amending  the  same ; 

(e)  The   expression    "  governing 
body  '    used  in  relation  to  a  uni- 
versity means  the  university  court ; 

(  f )  A  reference  to  the  Supreme 
Court  shall  be  construed  as  a 
reference  to  the  Court  of  Session  ; 


310  REPRESENTATION  OF  THE  PEOPLE  ACT,  19  L8. 

Sect' 43-  (g)  A  reference  to  the  Court  of 

Appeal  shall  be  construed  as  a 
reference  to  the  Court  of  three 
judges  of  the  Court  of  Session 
constituted  by  the  twenty-third 
section  of  the  Representation  of 
the  People  (Scotland)  Act,  1868  ; 

(h)  A  reference  to  the  county 
court  shall  be  construed  as  a  refer- 
ence to  the  sheriff  court : 

(2)  The  yearly  value  of  any  subjects  shall 

be  taken  to  be  the  value  appearing 
in  the  valuation  roll  where  those 
subjects  are  separately  valued  in 
that  roll,  and  in  any  other  case 
shall  be  deemed  to  be  the  value 
which  would  in  the  opinion  of 
the  registration  officer  be  entered 
therein  if  they  were  so  valued  («') : 

(3)  The  section  (£)  of  this  Act  relating  to 

local  government  franchise  (men) 
shall  not  apply,  and  in  lieu 
thereof — * 

(a)  A  man  who  is  of  full  age  and 
not  subject  to  any  legal  incapacity 
shall  be  entitled  to  be  registered 
as  a  local  government  elector  for  a 
local  government  electoral  area  if 

(i)  See  sect.  1  (3),  p.  3,  sect.  4  (1)  (c),  p.  64,  and  sect.  7  (1)  (b), 
p.  98,  supra. 

(&)  See  sect.  3,  pp.  40 — 41,  supra. 


APPLICATION  TO  SCOTLAND.  311 

he  is  on  the  last  day  of  the  qualify-    sect.  43. 
ing  period  and  has  been  during  the 
whole  of  that  period — 

(i)  the  owner  of  lands  and  heri- 
tages within  the  area  of  the  yearly 
yalue  of  not  less  than  ten  pounds  : 
Where  such  lands  and  heritages 
are  in  the  joint  ownership  of  two 
or  more  persons  and  the  aggregate 
yearly  value  of  the  lands  and 
heritages  is  not  less  than  the 
amount  produced  by  multiplying 
ten  pounds  by  the  number  of  the 
joint  owners,  each  of  the  joint 
owners  shall  be  treated  as  owning 
lands  and  heritages  of  the  yearly 
value  of  not  less  than  ten  pounds  ; 
or 

(ii)  the  occupier  as  tenant  of 
lands  and  heritages  within  the 
area  of  the  yearly  value  of  not  less 
than  ten  pounds :  Where  such 
lands  and  heritages  are  in  the  joint 
occupation  as  tenants  of  two  or 
more  persons,  and  the  aggregate 
yearly  value  of  the  lands  and 
heritages  is  not  less  than  the 
amount  produced  by  multiplying 
ten  pounds  by  the  number  of  the 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

43.  joint  occupiers,  each  of  the  joint 

occupiers  shall  be  treated  as  oc- 
cupying lands  and  heritages  of  the 
yearly  value  of  not  less  than  ten 
pounds;  or 

(iii)  the  inhabitant  occupier  as 
owner  or  tenant  of  a  dwelling- 
house  within  the  area  ;  or 

(iv)  the  occupier  of  lodgings 
within  the  area  of  the  yearly  value 
if  let  unfurnished  of  not  less  than 
ten  pounds  :  Where  such  lodgings 
are  in  the  joint-occupation  of  not 
more  than  two  persons  and  the 
aggregate  yearly-  value  as  aforesaid 
of  the  lodgings  is  not  less  than 
twenty  pounds,  each  of  the  joint 
lodgers  shall  be  treated  as  occupy- 
ing lodgings  of  the  yearly  value  of 
not  less  than  ten  pounds  :  or 

(vj  the  inhabitant  occupier  by 
virtue  of  any  office,  service,  or  em- 
ployment of  a  dwelling  -  house 
within  the  area  which  is  not  in- 
habited by  the  person  in  whose 
service  he  is  in  such  office,  service, 
or  employment : 

(b)  The  ownership  or  occupation 
in  immediate  succession  of  different 


APPLICATION  TO  SCOTLAND.  313 

lands  and  heritages,  dwelling-  sect.  43. 
houses,  or  lodgings,  as  the  case 
may  be,  in  the  same  parliamentary 
county  or  in  the  same  parliamentary 
borough  shall  have  the  like  effect 
in  qualifying  a  man  to  be  regis- 
tered as  a  local  government  elector 
for  a  local  government  electoral 
area  therein,  respectively,  as  the 
continued  ownership  or  occupation 
of  the  same  lands  and  heritages, 
dwelling-houses,  or  lodgings  within 
that  area ; 

(c)  In  this  section  "owner" 
shall  include  heir  of  entail  in 
possession,  life-renter,  and  bene- 
ficiary entitled  under  any  trust  to 
the  rents  and  profits  of  lands  and 
heritages  and  shall  not  include  the 
fiar  of  lands  and  heritages  subject 
to  a  life-rent,  nor  tutor,  curator, 
judicial  factor,  nor  commissioner; 
4  *  lands  and  heritages''  has  the 
same  meaning  as  in  the  Valuation 
Acts,  and  "  dwelling-house  "  means 
any  house  or  part  of  a  house  occu- 
pied as  a  separate  dwelling : 
(4)  Subsection  (1)  of  the  section  (I)  of  this 

(?)  See  sect.  4,  pp.  63  —  64,  supra. 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect- 43-  Act  relating  to  franchises  (women) 

shall     not     apply,     and     in     lieu 
thereof- 

(a)  A  woman  who  is  not  subject 
to    any   legal    incapacity   shall   be 
entitled  to  be  registered  as  a  par- 
liamentary elector  for  a  constitu- 
ency    (other     than     a    university 
constituency)   if  she   has  attained 
the   age    of   thirty   years,    and    if 
either    she    or  her  husband  is  on 
the    last    day    of    the    qualifying 
period     occupying    as    owner     or 
tenant  any  land  or  premises  in  the 
constituency    (hereinafter    in    this 
subsection  called  "  the   qualifying 
premises "),    and    has    during   the 
whole  of  the  qualifying  period  so 
occupied  any  land  or  premises  in 
the  county  or  county  of  a  city  in 
which  the  qualifying  premises  are 
situated  : 

(b)  For  the  purposes  of  this  sub- 
section— 

(i)  the  word  "tenant"  shall 
include  a  person  who  inhabits  by 
virtue  of  any  office,  service,  or  em- 
ployment any  dwelling-house  which 
is  not  inhabited  by  the  person  in 


APPLICATION  TO  SCOTLAND.  315 

whose  service  he  or  she  is  in  such    sect.  43. 
office,  service,  or  employment : 

(ii)  the  word  "  tenant "  shall 
include  a  person  who  occupies  a 
room  or  rooms  as  a  lodger  only 
where  such  room  or  rooms  are  let 
to  him  or  her  in  an  unfurnished 
state : 

(iii)  the  expression  "land  or 
premises  "  means  any  land  or  pre- 
mises (other  than  a  dwelling-house) 
of  the  yearly  value  of  not  less  than 
five  pounds  or  any  dwelling-house : 

(iv)  a  woman,  though  she  or  her 
husband  may  have  been  occupying 
land  or  premises  in  the  con- 
stituency on  the  last  day  of  the 
qualifying  period,  shall  not  be  en- 
titled to  be  so  registered,  if  she  or 
her  husband,  as  the  case  may  be, 
commenced  to  occupy  the  land 
or  premises  within  thirty  days 
before  the  end  of  the  qualifying 
period  and  ceased  to  occupy  them 
within  thirty  days  after  the  com- 
mencement of  such  occupation  ; 

(v)  the  word  "  county  "  means  a 
county  inclusive  of  all  burghs 
therein  except  a  county  of  a  city, 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

8601:43  and  the  word  "dwelling-house" 

means  any  house  or  part  of  a  house 
occupied  as  a  separate  dwelling  : 

(vi)  where  land  or  premises  are 
in  the  joint  occupation  of  two  or 
more  persons,  each  of  the  joint 
occupiers  shall  be  treated  as  occupy- 
ing the  same,  provided  that  not 
more  than  two  joint  occupiers  shall 
be  so  treated  in  respect  of  the 
same  land  or  premises,  unless  they 
are  bona  fide  engaged  as  partners, 
carrying  on  their  profession,  trade, 
or  business  on  the  land  or  premises, 
and  provided  further  that  in 
the  case  of  land  or  premises 
(other  than  a  dwelling  -  house) 
the  aggregate  yearly  value  thereof 
must  be  not  less  than  the 
amount  produced  by  multiplying 
five  pounds  by  the  number  of  joint 
occupiers : 

(c)  A  woman  registered  by  virtue 
of  this  section  shall  be  deemed  to 
be  registered  by  virtue  of  her  own 
or  her  husband's  local  government 
qualification  : 

(5)  Subsection  (1)  of  the  section  (/)  of  this 

(/)  See  sect.  7,  pp.  98—99,  supra. 


APPLICATION  TO  SCOTLAND.  317 

Act  relating  to  supplemental  pro-  sect.  43. 
visions  as  to  residence  and  occupa- 
tion shall  not  apply  except  in  so 
far  as  that  subsection  relates  to  the 
parliamentary  franchise  for  men, 
and  subsection  (4)  ( /)  of  the  said  sec- 
tion shall  not  apply  (m)  : 

(6)  The  section  (n)  of  this  Act  relating  to 

provisions  as  to  disqualifications 
shall  have  effect  as  if  the  following 
provision  were  enacted  therein  : 

A  person  shall  not  be  disqualified 
from  being  registered  or  from 
voting  as  a  parliamentary  or  local 
government  elector  by  reason  that 
he  is  the  town  clerk  or  depute 
town  clerk  of  any  burgh  or  the 
assessor  under  the  Valuation  Acts 
in  any  burgh  or  county : 

(7)  The  section  (0)  of  this  Act  relating  to 

provision  as  to  qualification  of 
councillor  shall  not  apply  : 

(8)  The  section  (p)  of  this  Act  relating  to 

registration  officers  and  areas  shall 
not  apply,  and  in  lieu  thereof — 
Each   burgh,   the   town  council 

(0  Seep.  100. 

(w)  See  pp.  56—57,  s.  4,  pp.  63—65,  69—70,  and  74. 

(n)  See  sect.  9,  pp.  112—115,  supra. 

(o)  See  sect.  10,  p.  123,  supra. 

(p}  See  sect.  12,  pp.  130—131,  supra. 


318  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

sect.  43.  whereof  was    entitled    under    the 

law  in  force  at  the  passing  of  this 
Act  to  appoint  an  assessor  for  the 
purpose  of  parliamentary  registra- 
tion, and  each  county  (exclusive  of 
every  such  burgh),  or,  where  any 
county  is  divided  for  the  purpose 
of  parliamentary  elections,  each 
part  of  the  county  (with  the  like 
exclusion)  which  lies  within  a 
separate  parliamentary  division, 
shall  be  a  registration  area  ;  and 
the  assessor  of  the  burgh  or  county 
under  the  Valuation  Acts,  or 
where  there  are  two  or  more  such 
assessors,  one  of  them  appointed 
for  the  purpose  of  parliamentary 
registration  by  the  town  or  county 
council,  as  the  case  may  be,  shall 
be  the  registration  officer  of  that 
area,  and  all  other  assessors  (if  any) 
in  that  area  shall,  for  the  purpose 
of  the  registration  of  parliamentary 
and  local  government  electors,  be 
subject  to  the  instructions  of  the 
registration  officer  and  shall  be 
bound  to  act  on  such  instructions  : 
Provided  that,  from  and  after 
the  date  when  the  first  register 
under  this  Act  shall  have  been 


APPLICATION  TO  SCOTLAND.  310 

completed,  an  officer  of  Inland  Sect- 43- 
Revenue  shall  not  be  appointed  or 
continue  to  act  as  assessor  for 
any  burgh  or  county  under  the 
Valuation  Acts  without  the  consent 
of  the  Treasury : 

(9)  The  provisions  regarding  the  appoint- 

ment of  an  assistant  judge  in  the 
section  (q)  of  this  Act  relating  to 
appeals  shall  not  apply  : 

(10)  In  the  application  of  the  section  (r) 

of  this  Act  relating  to  right  to  the 
use  of  elementary  schools  the  ex- 
pression "  any  public  elementary 
school "  means  "any  school  in 
receipt  of  a  parliamentary  grant  "  : 

(11)  The  first  subsection  of  the  section  (s) 

of  this  Act  relating  to  expenses  of 
registration  shall  not  apply,  and  in 
lieu  thereof— 

Any  expenses  properly  incurred 
by  any  registration  officer  in  the 
performance  of  his  duties  in 
relation  to  registration,  including 
all  proper  and  reasonable  charges 
for  trouble,  care,  and  attention  in 
the  performance  of  those  duties 

(q}  See  sect.  14  (6),  pp.  136—137,  supra. 
(r)  See  sect.  25,  pp.  204—205,  supra. 
(«)  See  sect.  15,  pp.  139—140,  supra. 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect- 43.  and  any  cost  incurred  by  him  as 

party  to  an  appeal  (in  this  Act 
referred  to  as  "  registration  ex- 
penses "),  shall  be  paid  by  the 
council  appointing  the  registration 
officer :  Provided  that,  where  a 
burgh  within  the  meaning  of  the 
Local  Government  (Scotland)  Act, 
1889,  is  not  a  separate  registration 
area,  the  council  thereof  shall  pay 
to  the  council  appointing  the 
registration  officer  a  contribution 
towards  the  registration  expenses, 
and  subsection  (4)  of  section  sixty 
and  section  sixty-six  of  that  Act 
shall  apply,  with  the  necessary 
modifications,  to  such  contribution. 
The  amount  necessary  to  defray 
any  registration  expenses  or  any 
contribution  thereto,  as  the  case 
may  be,  shall  be  assessed  and  levied 
in  any  one  of  the  modes  allowed 
by  the  Valuation  Acts  with  respect 
to  the  costs  and  expenses  of  making 
up  the  valuation  roll : 
(12)  In  subsection  (5)  of  the  section (t)  of 
this  Act  relating  to  expenses  of 
registration  the  expression  "the 
"  council  whose  clerk  the  registra- 

(t)  See  sect.  15  (5),  p,  141,  ivpra. 


APPLICATION  TO  SCOTLAND.  321 

"tion     officer     is "     means     "the    sect. 43. 
"  council   appointing  the  registra- 
tion officer"  : 

(13)  The  sections  (w)  of  this  Act  relating  to 
returning  officers  and  to  discharge 
of  returning  officers'  duties  by  an 
acting  returning  officer  shall  not 
apply,  and  in  lieu  thereof : — 

The  returning  officer  at  parlia- 
mentary elections  (other  than  a 
university  election)  shall  as  hereto- 
fore be  the  sheriff  of  the  sheriffdom 
within  which  the  constituency  is 
wholly  situated  or,  where  the  con- 
stituency is  situated  in  more  than 
one  sheriffdom,  the  sheriff  specified 
in  the  Seventh  Schedule  (x)  to  this 
Act,  and  the  power  of  appointing 
deputies  conferred  by  section  eight 
of  the  Ballot  Act,  1872,  on  certain 
sheriffs  shall  be  exerciseable  by  any 
sheriff  who  is  returning  officer  for 
more  than  one  constituency  or 
who,  by  reason  of  sickness  or  un- 
avoidable absence,  is  incapacitated 
from  performing  any  of  the  duties 
devolving  upon  him  as  returning 
officer,  and  in  the  event  of  no 

(u]  See  sects.  28  and  30,  pp.  211  and  217 — 218,  supra. 
(a?)  Set  out  on  p.  391,  infra. 
F.  21 


322  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect-  43.  such  appointment  being  made  by  a 

sheriff  so  incapacitated  or  in  the 
event  of  any  vacancy  in  the  office 
of  sheriff  at  the  time  when  any 
of  such  duties  require  to  be  per- 
formed, the  sheriff  substitute  at 
the  place  at  which  the  writ  for 
the  election  is  appointed  to  be 
received  shall  act  as  returning 
officer,  and  shall  perform  all  the 
duties  and  have  all  the  powers 
(including  the  power  of  appointing 
deputies)  of  such  returning  officer  : 

(14)  Notwithstanding    the    provisions    of 

subsection  ( 1 )  of  the  section  (x)  of 
this  Act  relating  to  polls  to  be  held 
'on  one  day  at  a  general  election, 
etc.,  the  poll  at  any  general  or 
bye -election  for  the  constituency 
of  Orkney  and  Zetland  shall  remain 
open  for  two  consecutive  days  as 
heretofore  : 

(15)  The  provisions  of  the  last  paragraph 

of  the  section  (y)  of  this  Act  re- 
lating to  register  for  university 
constituencies  shall  not  apply,  and 
the  said  section  shall  have  effect 
as  if  regulation  sixteen  of  section 

(x]  See  sect.  21,  p.  161,  supra. 

(y]  See  sect.  19,  pp.  153 — 154,  su,pr<t. 


APPLICATION  TO  SCOTLAND.  323 

two  of  the   Universities   Elections    sect,  as. 
Amendment  (Scotland)  Act,  1881,  £* 4»  Vict- 
were  enacted  therein  in  lieu  of  the 
said  paragraph : 

(16)  The  section  (0)  of  this  Act  relating  to 

place   of  election  shall  not  apply, 
and  in  lieu  thereof : — 

In  the  case  of  parliamentary 
elections  (other  than  an  election  for 
a  university  constituency),  the  place 
of  election  shall  be  a  convenient 
room  situated  in  such  place  as 
the  Secretary  for  Scotland  may  by 
order  from  time  to  time  determine : 

(17)  In  the  application  of  the  section  (a) 

of  this  Act  relating  to  division  of 
constituency  into  polling  districts 
and  appointment  of  polling  places, 
and  of  the  section  (b)  of  this  Act 
relating  to  re-arrangement  of 
polling  districts  to  suit  new  con- 
stituencies, the  returning  officer 
shall  be  substituted  for  the  council 
having  a  power  or  duty  under  those 
sections  to  divide  a  constituency 
into  polling  districts,  and  the  Lord 

(z]  See  sect.  32,  pp.  222—223,  supra. 
(a)  See  sect.  31,  pp.  220—222,  supra. 
(6)  See  sect.  39,  p.  303,  supra. 

21(2) 


REPKESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect- 43-  Advocate  shall   be  substituted  for 

the  Local  Government  Board : 

(18)  Notwithstanding  anything  in  this 
Act  it  shall  not  in  the  year 
nineteen  hundred  and  nineteen  and 
subsequent  years  be  necessary- 
fa)  As  regards  any  burgh  or  any 
registration  unit  therein,  if  the 
town  council  of  the  burgh  so 
resolve,  to  show  or  distingviish  in 
any  spring  register  the  names  of 
persons  entitled  to  vote  as  local 
government  electors  ;  or 

(b)  As  regards  any  county  or 
any  registration  unit  therein,  .if 
the  county  council  of  the  county 
so  resolve,  to  show  or  distinguish 
in  any  register  other  than  the 
autumn  register  in  those  years  in 
which  county  council  elections  fall 
to  be  held  the  names  of  persons 
entitled  to  vote  as  local  government 
electors : 

Provided  that— 

(i)  a  resolution  under  this  sec- 
tion shall  not  have  effect  unless 
it  is  passed  as  respects  the  spring 
register  in  any  year  before  the  first 
day  of  January  in  that  year,  and  as 


APPLICATION  TO  SCOTLAND.  325 

respects  the  autumn  register  in  any    sect.  43. 
year  before  the  first  day  of  July  in 
that  year  ; 

(ii)  for  all  the  purposes  of  the 
registration  of  local  government 
electors  in  any  burgh  or  county  or 
registration  unit  therein  to  which 
any  such  resolution  applies,  the 
last  preceding  local  government 
register  shall  remain  in  force  until 
a  new  local  government  register 
comes  into  force  : 

In  this  subsection  "  burgh"  has 
the  same  meaning  as  in  the  Town 
Councils  (Scotland)  Act,  1900,  and  es&eivict. 
"  county  "  means  a  county  exclusive  ° 
of  any  such  burgh  : 

(19)  Except  as  expressly  provided  in  this 
Act- 
fa)  Nothing  in  this  Act  shall 
take  effect  so  as  to  deprive  any 
royal  or  parliamentary  burgh  losing 
separate  representation  under  this 
Act  of  any  right  privilege,  or 
status,  whether  for  purposes  of 
local  government  or  otherwise, 
hitherto  enjoyed  by  such  burgh  as 
a  royal  or  parliamentary  burgh  ;  and 
(b)  Nothing  in  this  Act  or  in  any 


326  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect- 43-  Act  in  force  at  the  passing  of  this 

Act  as  read  with  this  Act  shall 
take  effect  so  as  to  confer  upon 
any  police  burgh  acquiring  separate 
representation  under  this  Act  any 
rights,  privileges,  or  status,  whether 
for  purposes  of  local  government  or 
otherwise,  not  enjoyed  by  other 
police  burghs. 

In  this  subsection  the  references 
to  royal,  parliamentary,  or  police 
burghs  shall  be  deemed  to  include 
references  to  the  magistrates,  town 
councils,  and  officers  thereof, 
respectively,  and  the  expression 
"  separate  representation  "  shall  be 
construed  as  meaning  the  right  to 
return,  or  to  contribute  as  a  burgh 
to  return,  a  member,  or  members 
to  Parliament. 


Application        44.    This    Act    shall    apply   to    Ireland 
reiand.      sukject  to  the  following  modifications  :— 

(1)  References  to  the  Lord  Chancellor 
shall  be  construed  as  references 
to  the  Lord  Chancellor  of  Ireland. 
The  Lord  Chancellor  shall  not 
sit  as  a  member  of  the  Court  of 
Appeal  011  the  hearing  of  appeals  (a) 
from  the  county  court  under  this 
Act. 


(a)  See  sect.  14,  pp.  135 — 137,  supra. 


APPLICATION  TO  IRELAND. 

In  any  county  in  which  the  Sect- 44- 
jurisdiction  of  the  county  court  is 
exercised  for  the  time  being  by 
two  or  more  county  court  judges, 
the  appeals  from  the  registration 
officer  shall  be  dealt  with  by  such 
one  of  those  judges  or  his  assistant 
judge  as  may  be  directed  by  the 
Lord  Chancellor,  or  shall  be  dis- 
tributed amongst  those  judges  and 
their  assistant  judges  according  as 
may  be  so  directed. 

For  the  purposes  of  this  Act, 
county  court  rules,  orders,  and 
scales  of  fees,  costs,  and  charges 
may  be  made  under  sections 
seventy-nine,  eighty-three,  and 
eighty-four  of  the  County  Officers 
and  Courts  (Ireland)  Act,  1877 ;  40  &«  vict. 
but  the  provisions  of  those  sections  c 
as  to  the  concurrence  of,  or  certi- 
fication by,  county  court  judges  or 
the  recorder  shall  not  apply  : 

(2)  The  reference  (b)  to  the  Local  Govern- 
ment Board  in  relation  to  the 
approval  of  a  deputy  for  the 
execution  of  any  of  the  powers 
and  duties  of  a  registration  officer 
shall  be  construed  as  a  reference 
to  the  Lord  Lieutenant,  and  other 
references  to  that  Board  shall  be 

(/>)  See  sect.  12  (3),  pp.  130—131,  supra. 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect- 44-  construed  as  references  to  the  Local 

Government  Board  for  Ireland  : 
(3) — (a)  The  clerk  of  the  crown  and  peace 
for  an  administrative  county,  not 
being  a  county  borough,  shall  be 
the  registration  officer  for  any 
parliamentary  county  which  is 
coterminous  with,  or  the  whole  or 
greater  part  of  which  is  contained 
in,  the  administrative  county,  and 
for  any  parliamentary  borough  of 
which  the  whole  or  greater  part  is 
contained  in  the  administrative 
county  and  no  part  is  contained  in 
a  county  borough,  and  the  clerk 
of  the  crown  and  peace  for  a 
county  borough  shall  be  the  regis- 
tration officer  for  any  parliamentary 
borough  which  is  coterminous  with, 
or  the  whole  or  any  part  of 
which  is  contained  in,  the  county 
borough  (c)9  and  the  council  of  that 
administrative  county  or  county 
borough,  as  the  case  may  be, 
shall  be  the  council  by  which 
the  registration  expenses  of  that 
registration  officer  are  to  be  paid, 
subject  in  cases  where  the  parlia- 
mentary county  or  parliamentary 
borough  is  not  coterminous  with, 
or  wholly  contained  in,  the  admin- 
istrative county  or  county  borough, 

(c)  See  sect.  12  (2),  p.  130,  supra. 


APPLICATION  TO  IRELAND.  329 

as  the  case  may  be,  to  such  con-  Sect- 44- 
tribution  by  the  council  of  any 
other  administrative  couijty  or 
county  borough  as  the  Local 
Government  Board  may  direct  (d) : 
Provided  that  the  registration  ex- 
penses to  be  paid  by  a  council 
shall  not  include  any  charges  for 
trouble,  care,  and  attention,  in 
the  performance  of  duties  which 
are  performed  by  the  registration 
officer  in  person :  Provided  also 
that  the  persons  who,  at  the  passing 
of  this  Act,  are  town  clerks  for  the 
county  borough  of  Dublin  and  the 
county  borough  of  Belfast,  respec- 
tively, shall,  so  long  as  they  hold 
their  respective  offices,  be  the 
registration  officers  for  the  parlia- 
mentary borough  of  Dublin  and 
the  parliamentary  borough  of 
Belfast,  respectively,  and  that  the 
last  preceding  proviso  shall  not 
apply  in  their  case. 

(b)  The  registration  expenses  (d) 
shall  be  paid  in  the  case  of  the 
council  of  a  county  borough,  out 
of  the  rate  or  fund  out  of  which 
the  general  expenses  of  the  council 
are  paid,  or  out  of  any  other  rate 
or  fund  which  the  Local  Govern- 
ment Board  may  on  the  applica- 

(d)  See  sect.  15,  pp.  139—141,  supra. 


330  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect- 44-  tion  of  the  council  approve,  and, 

in  the  case  of  a  council  of  any 
other  administrative  county,  out 
of  the  poor  rate  as  a  county  at 
large  charge,  except  in  cases  ta 
which  section  twelve  of  the  Parlia- 
48  &  49  vict.  mentary  Registration  (Ireland)  Act, 

1885,  applies  (e) : 

(c)  In  the  event  of  any  vacancy 
in  the  office  of  registration  officer 
or  in  the  event  of  the  registration 
officer's     incapacity    to     act,    the 
powers  and  duties  of  the  registra- 
tion officer  may  be  exercised  and 
performed  by   any  person  tempo  - 
rarily  appointed  in  that  behalf  by 
the  Lord  Chancellor  (/) : 

(d)  The     power    of     advancing 
sums   to  a  registration  officer   on 
account   of   registration    expenses 
shall  be  exerciseable  by  the  council 
by  which  those  expenses  are  to  be 
paid  (g)  : 

(e)  This  section,  in  its  applica- 
tion to  the  county  of  Tipperary, 
shall  have  effect  as  if  each  parlia- 
mentary  division    of    the    county 
were     a     separate    parliamentary 
county,  and  as  if  the  clerk  of  the 
crown   and   peace   for   the    entire 


(e}  See  sect.  15,  pp.  139 — 141,  supra. 
(/)  See  sect.  12  (4),  p.  131,  supra. 
(0)  See  sect.  15  (5),  p.  141,  supra. 


APPLICATION  TO  IRELAND. 


331 


county   were  clerk   of  the  crown    Sect- 
and  peace   for  the   administrative 
counties  of  the  North  Riding  and 
the  South  Riding  respectively : 

(4)  Where   an    administrative    county   is 

divided  into  ridings  the  Lord 
Lieutenant  may,  by  order,  divide 
the  parliamentary  county  into  a 
corresponding  number  of  registra- 
tion areas,  and  make  any  adap- 
tations of  this  Act  which  may  be 
necessary  in  consequence  of  the 
division,  and  the  clerk  of  the 
crown  and  peace  for  any  riding 
shall  be  registration  officer  (h)  for 
such  of  those  areas  as  may  be 
directed  by  the  Lord  Lieutenant : 

(5)  For  the  purposes  of  appeals  from  the 

registration  officer,  and  also  for 
the  purpose  of  the  revision  of 
jurors'  lists,  the  powers  and  juris- 
diction of  the  county  court  shall, 
unless  and  until  the  Lord  Lieu- 
tenant otherwise  direct,  be  exer- 
cised, as  respects  the  parliamentary 
borough  of  Dublin,  by  the  persons 
who  are  at  the  time  of  the 
passing  of  this  Act  Dublin  revising 
barristers,  and  as  respects  the 
parliamentary  county  of  Dublin  by 
the  person  who  is  at  the  time  of 
the  passing  of  this  Act  revising 

(h)  See  sect,  12,  pp.  130—131,  8i>i>ra. 


REPRESENTATION  OF  THE  PEOPLE  ALT,  1918. 

Sect-44;  barrister    for    that    county  ;    but 

while  those  powers  are  so  exer- 
cised, the  provisions  of  this  Act 
as  to  county  courts  shall  apply  to 
those  persons  as  they  apply  to 
county  courts,  with  the  necessary 
modifications,  and  in  particular 
with  the  modification  that  assistant 
judges  may  be  appointed  to  assist 
those  persons  if,  in  the  opinion  of 
the  Lord  Chancellor,  such  appoint- 
ment is  necessary  in  order  to 
enable  the  appeals  to  be  disposed 
of  with  proper  dispatch  (t)  : 

(6)  The  expenses  of  any  printing  required 

in  connection  with  registration 
shall  be  treated  as  part  of  the 
expenses  (k)  of  the  registration 
officer  under  this  Act,  notwith- 
standing that  the  printing  is  ar- 
ranged for  by  the  county  council 
under  section  ninety-six  of  the 
6i  &  62  vict.  Local  Government  (Ireland)  Act, 

1898: 

(7)  The  expression  "  assistant  overseer  "  (/) 

means  a  town  clerk,  secretary  of  a 
county  council,  clerk  of  an  urban 
district  council,  an  existing  clerk 
of  the  union,  within  the  meaning 
of  the  Local  Government  (Ireland) 

(/)  See  sect.  14,  pp.  135 — 137,  supra, 
(k)  See  sect.  15,  pp.  139 — 141,  supra. 
(/)  See  sect.  18,  pp.  148—149,  tuprtt. 


APPLICATION  TO  IRELAND.  333 

Act,  1898,  and  a  collector  of  poor    Sect- 44- 
rate  : 

(8)  Notwithstanding  the  limit  imposed  in 

subsection  (2)  of  section  twenty- 
seven  of  the  County  Officers  and 
Courts  (Ireland)  Act,  1877,  the 
salaries  of  clerks  of  the  crown  and 
peace  may  be  increased  by  orders 
made  under  that  subsection  to 
such  extent  as  appears  to  the  Lord 
Lieutenant  and  Council,  with  the 
concurrence  of  the  Treasury,  to  be 
proper,  haying  regard  to  the  addi- 
tional duties  imposed  on  those 
officers  by  this  Act(m) :  Provided 
that  the  liability  of  a  clerk  of  the 
crown  and  peace  to  account  for 
sums  other  than  registration  ex- 
penses received  by  him  as  registra- 
tion officer  shall  not  extend  to  any 
such  increase  of  salary  : 

(9)  The  provisions  (n)  with  respect  to  the 

division  of  constituency  into  polling 
districts  and  appointment  of  polling 
places  shall  have  effect  with  the 
following  modifications : — 

(a)  A  reference  to  the  council  by 
which  the  registration  expenses  of 
the  registration  officer  for  any 
constituency  are  to  be  paid  shall 
be  substituted  for  the  reference  to 


(m)  See  sect.  44  (3)  (a),  pp.  328—329,  supra. 
(n)  See  sect.  31,  pp.  220—222,  supra. 


334  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Sect- 44  the  council  whose  clerk  the  regis- 

tration officer  for  any  constituency 
is,  or  by  whom  the  registration 
officer  is  appointed  (-n) : 

(b)  The    powers    of    a    council 
under  the  said  provisions  shall  be 
exercised  in  accordance  with  rules 
made  by   the   Local   Government 
Board,    and   any    exercise    of  the 
powers   shall   be   subject   to    con- 
firmation by  that  Board  who  may 
confirm  the  proposed  division,  ap- 
pointment or  alteration  either  with 
or  without  modifications,   or  may 
withhold  confirmation  (n)  : 

(c)  The  Board  may  cause  a  local 
inquiry  to  be  held  as  respects  any 
questions    arising    in     connection 
with  the  said  provisions,  and  article 
thirty-two  of  the  schedule  to  the 
Local  Government  (Application  of 
Enactments)    Order,     1898,     shall 
apply  to  any  such  inquiry  (n) : 

(10)  Part  IV.  of  this  Act  (o),  and  the 
provisions  with  respect  to  an  urban 
district  which  is  coterminous  with, 
or  wholly  contained  in,  a  registra- 
tion area  (p),  or  with  respect  to 
the  persons  who  are  to  be  return- 
ing officers  (<y),  or  with  respect  to 

(»)  See  sect.  31,  pp.  220—222,  supra. 

(o)  See  sect.  37,  pp.  282—283,  supra. 

(p)  See  sect.  16  (1),  p.  145,  supra. 

(<?)  See  sect.  28,  p.  211,  and  pp.  212—214,  supra. 


APPLICATION  TO  IRELAND.  3 

the  discharge  of  returning  officers'    Sect-  44- 
duties     by    an    acting     returning 
officer  (/•),  or  with  respect  to  place 
of  election  (s),  or  with  respect  to 
the  right  to  the  use  of  elementary 
schools  (t),  shall  not  apply  : 
11) — (a)  The  qualifying  period  (u)  shall 
be  a  period  of  six  months  ending 
on  the  fifteenth  day  of  July  and 
including  that  day  : 

Provided  that  one  month  shall 
be  substituted  for  six  months  in 
the  application  of  this  provision  to 
a  person  who  is  a  naval  or  military 
voter  or  who  has  been  serving  as  a 
member  of  the  naval,  military,  or 
air  forces  of  the  Crown  at  any  time 
during  the  said  six  months  and  has 
ceased  so  to  serve ; 

(b)  One  register  (x)  of  electors 
only  shall  be  made  in  each  year, 
and  all  provisions  (x)  applicable  to 
the  autumn  register  shall  apply  as 
respects  the  yearly  register  (except 
that  the  yearly  register  shall  remain 
in  force  until  the  fifteenth  day  of 
October  in  the  next  following  year), 
and  the  provisions  (#)  as  to  the  pre- 
paration of  two  registers  in  each 

(r)  See  sect.  30,  pp.  217—218,  supra. 
(*)  See  sect.  32,  pp.  222 — 223,  supra. 
($)  See  sect.  25,  pp.  204—205,  supra, 
(u)  See  sect.  6,  p.  94,  supra, 
(x)  See  sect.  11,  pp.  125—126,  supra. 


336  REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 

Secti_44  year  and  as  to  the  spring  register 

shall  not  apply  : 

(12)  The  yearly  value  (y)  of  premises  shall 

be  taken  to  be  the  rateable  value 
where  those  premises  are  separately 
valued,  and  in  any  other  case  shall 
be  deemed  to  be  the  amount  which 
would,  in  the  opinion  of  the  regis- 
tration officer,  be  the  rateable  value 
if  they  were  separately  valued  : 

(13)  A  person  shall  not  be  entitled  to  be 

registered  or  vote  for  a  parlia- 
mentary county  constituency  in 
respect  of  a  qualification  in  a  par- 
liamentary borough  constituency  : 

(14)  The  following  proviso  shall  be  substi- 

tuted for  the  proviso  at  the  end  of 
subsection  (2)  of  section  eight  (z)  : 
"  Nothing  in  this  provision  shall 
"  prevent  a  person  voting  at  an 
"  election  to  fill  a  casual  vacancy 
"  in  a  borough  council  in  any  ward 
"  for  which  he  is  registered/' 

Application         45.  The  provisions  of  this  Act  shall  apply 
tlie  to  the  Isles  of  Scilly  as  if  those  isles  were 
an   administrative    county,    and   as    if    the 
council  of  those  isles  were  a  county  council, 
and  any  expenses  incurred  by  the  council 


(y}  See  sect.  1  (3),  p.   3,   sect.  4  (1)  (c),  p.  64,  and  sect.  7  (1), 
(a),  (b),  p.  98,  supra. 

(«)  See  pp.  101—102,  snpru. 


COMMENCEMENT  OF  ACT  AND  FIRST  REGISTER.  337 

under   this    Act   shall   be    paid    as   general    Sect-45 
expenses  of  the  council. 

46. — (1)  This  Act  shall  come  into  opera-  Commence- 
tion  on  the  passing  thereof:  Provided  that  Sfirft^ 
nothing  in  this  Act  shall  affect-  register- 

(a)  any  parliamentary  register  for  the  time 

being  in  force,  or  any  parliamentary 
elections,  or  the  constitution  of  the 
House  of  Commons,  until  Parlia- 
ment is  first  dissolved  or  ceases  to 
have  continuance  after  the  first 
register  to  be  prepared  under  this 
Act  comes  into  force  ;  or 

(b)  any  local  government  register  for  the 

time  being  in  force,  or  any  local 
government  elections,  until  the 
first  register  to  be  prepared  under 
this  Act  comes  into  force. 

(2)  Notwithstanding  anything  in  this  Act, 
the  first  register  to  be  prepared  under  this 
Act  shall  come  into  force  on,  and  remain  in 
force  until,  such  date  as  His  Majesty  may 
fix  by  Order  in  Council  (a),  and  His  Majesty 
may  by  any  such  Order  alter,  in  connection 
with  the  first  register,  any  registration 
dates  (i),  including  the  dates  governing  the 
qualifying  period,  and  direct  that  this  Act 
shall  have  effect  as  so  altered. 

(«)  See  Order  in  Council  of  June  4th,  1918,  rule  6,  p.  749, 
Fifth  Schedule,  p.  752,  infra,  and  Order  in  Council  of  March  4th, 
1918,  p.  613,  infra. 

(ft)  See  Order  in  Council  of  June  4th,  1918,  rule  6,  p.  749,  and 
Fifth  Schedule,  p.  752,  infra. 

r.  22 


338 


Sect.  46. 


REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 

(3)  If  any  difficulty  arises  as  to  the  pre- 
paration of  the  first  register  or  the  holding 
of  the  first  elections  after  the  commence- 
ment of  this    Act,   the  Local  Government 
Board  may  by  order  do  any  matter  or  thing 
which  appears  to  them  necessary  for   the 
proper  preparation  of  the  register   or  the 
proper  holding  of  the  elections. 

(4)  This  section  shall  apply  to  any  new 
register  to  be  prepared  and  to  any  elections 
held  during  the  continuance  of  the  present 
wrar  and  a  period  of  twelve  months  there- 
after, as  it  applies  to  the  first  register  (b)  to 
be  prepared  under  this  Act  and  to  the  first 
elections  (c)  held  after  the  commencement 
of  this  Act,  respectively. 


Repeal  and         47 .-_ (1)  The   enactments   mentioned   in 

snort  title.  1         TTIIOI        -11  i    • 

the  Ji/ighth  Schedule  to  this  Act  are  hereby 
repealed  to  the  extent  specified  in  the  third 
column  of  that  Schedule  (d). 

(2)  This  Act  may  be  cited  as  the  Repre- 
sentation of  the  People  Act,  1918. 

(b)  See  sect.  46  (2)  and  (3),  above. 

(c)  See  sect.  46  (3),  above. 

(d)  See  pp.  391  —  402,  infra. 


REGISTRATION  RULES.  339 

SCHEDULES. 
FIEST  SCHEDULE.  Sections  18> 

14  (1). 


REGISTRATION  RULES  (a). 
Form  of  Register. 

1 .  The  register  shall  be  framed  in  separate  parts  (6)  far  Separate  part 
each  registration  unit  in  the  registration  area.  °f  register 

The  registration  unit  shall  be  the    parish  where  the  gistration 
parish  is  wholly  contained  in  one  voting  area,  and  where  umt' 
a  parish  is  contained  in  more  than  one  voting  area,  shall 
be  each  part  of  the  parish  contained  in  a  separate  voting 
area;    and  for  the  purposes  of  this  rule  the  expression 
"voting  area"  means  any  polling  district,  electoral  divi- 
sion, borough,  county  district  other  than  a  borough,  and 
any  ward  of  a  borough,  county  district,  or  parish,  and 
any  other  area  for  which  a  separate  election  at  which  the 
register  is  to  be  used  is  held. 

2.  The  register  shall,  as  respects  each  registration  unit,  Separate 
contain  the  names  of  those  who  are  entitled  to  vote  as  parliament 
parliamentary  electors  and  of  those  who  are  entitled  to  taT7 an<1 
vote  as  local  government  electors,  but  shall  be  framed  so  ment  electors, 
as  to  show  in  separate  divisions  the  names  of  those  who  are 

entitled  to  vote  both  as  parliamentary  and  local  govern- 
ment electors,  the  names  of  those  who  are  entitled  to  vote 
as  parliamentary  electors  but  not  as  local  government  elec- 
tors, and  the  names  of  those  who  are  entitled  to  vote  as 
local  government  electors  but  not  as  parliamentary 
electors  (c) . 

Where  a  person  whose  name  is  entered  as  a  local 
government  elector  in  any  registration  unit  is  not  entitled 

(«)  See  sect,  13,  set  out  on  pp.  133—134,  and  sect.  14  (1),  p.  135, 
supra. 

(1}  See  Order  in  Council  of  June  4th,  1918,  rule  4,  p.  748,  infra, 
as  to  supplement  to  be  added  to  part  of  register  relating  to  polling 
'district. 

(c)  See  Form  of  Register,  pp.  577 — 578,  infra. 

22  (2) 


340 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 


Absent 
voters  list. 


Register  to 
be  made  up 
in  street  or 
alphabetical 
order. 


Effect  of 

register. 


to  vote  in  respect  of  that  entry  at  the  local  government 
elections  for  all  the  local  government  electoral  areas  which 
comprise  that  unit,  the  registration  officer  shall  place  a 
mark  against  his  name,  with  a  note  to  signify  that  the 
person  against  whose  name  the  mark  is  placed  is  not 
entitled  to  vote  for  the  local  government  elections  men- 
tioned in  the  note,  and  any  such  note  shall  be  deemed  to 
be  part  of  the  register  (c). 

3.  The  registration  officer  shall  prepare  and  add  as  a 
supplement  to  the  register  a  separate  list  (d)  for  the  whole 
registration  area,  or,  where  the  area  includes  more  than 
one  constituency,  for  each  constituency  in  the  area,  of 
persons  entitled  to  vote  as  absent  voters  (e)  (in  this  Act 
referred  to  as  the  absent  voters  list)  without,  however, 
removing  the  names  of  those  voters  from  any  other  part  of 
the  register.     Every  such  list  shall  be  made  up  according 
to  polling  districts  (/) . 

4.  Where  the  registration  unit  is  situated  in  a  parlia- 
mentary borough,  the    names   in    the   register   shall   be 
arranged  in  street  order,  unless  the  authority  whose  clerk 
the  registration  officer  is  or  by  whom  he  is  appointed  con- 
siders that,  having  regard  to  the  general  character  of  the 
area  forming  the  registration  unit,  arrangement  in  street 
order  is  inapplicable;  and  where  the  registration  unit  is 
situated  in  a  parliamentary  county,   the  names  in   the 
register  shall  be  arranged  in  alphabetical  order,  unless  the 
said  authority  considers  that,  having  regard  to  the  general 
character   of    the    area   forming   the    registration    unit, 
arrangement  in  street  order  is  possible  and  convenient  (g). 

5.  The  registers  for  the  registration  units  making  up 
any  constituency,  so  far  as  they  relate  to  parliamentary 

(c)  As  to  the  mark  and  note  here  referred  to,  see  p.  577,  infra.    . 

(d)  For  arrangement  of  names  in  and  form  of  absent  voters  list, 
see  Order  in  Council  of  June  4th,  1918,  par.  3,  p.  748,  infra   and 
Third  Schedule,  p.  751,  infra. 

(e)  See  sect.  23,  pp.  173—176,  and  pp.  177—178,  supra. 
(/)  See  sect.  31,  pp.  220—222,  supra. 

(g)  For  Form  of  Register  in  street  order  and  in  alphabetical  order 
see  pp.  603—604,  infra. 


REGISTRATION  RULES.  341 

electors,  shall  together  form  the  register  of  parliamentary 
electors  for  that  constituency,  and  the  registers  of  the 
registration  units  making  up  any  local  government  elec- 
toral area,  so  far  as  they  relate  to  local  government  electors, 
shall  together  form  the  register  of  local  government  electors 
for  that  area. 

Duty  of  Registration  Officer  to  prepare  and  publish  Lists. 

6.  It  shall  be  the  duty  of  the  registration  officer  to  cause  Duty  of 
a  house  to  house  or  other  sufficient  inquiry  to  be  made,  and 


to  prepare  or  cause  to  be  prepared  lists  (in  this  Act  referred  pare  electors' 
to  as  electors  lists)  for  each  registration  unit  within  his 
registration  area  of  all  persons  appearing  to  be  entitled  to 
be  registered  (g)  <ajs  parliamentary  or  local  government 
electors  in  the  spring  and  autumn  register  respectively,  and 
to  publish  (h)  those  lists  in  the  form  in  which  the  register 
is  to  be  framed,  as  respects  the  lists  for  the  spring 
register  (f)  on  or  before  the  first  day  of  February  (/),  and 
as  respects  the  lists  for  the  autumn  register  (i)  on  or 
before  the  first  day  of  August  (;)  . 

The  registration  officer  shall  at  the  same  time  publish  (h) 
a  notice  specifying  the  mode  in  which,  and  the  time  within 
which,  claims  and  objections  are  to  be  made  under  these 
rules. 

7.  The  registration  officer,  where  he  does  not  himself  Duty  of 
perform  the  duties  of  overseers,  may  require  the  overseers  °J£r^rs 
of  any  parish  which,  or  any  part  of  which,  forms  a  regis-  electors  lists 
tration  unit  within  his  registration  area  to  make  the  neces-  Sorm^aiou 
eary  inquiries  and  to  prepare  the  electors  lists  for  that  if  required. 
unit  (ft)  and  publish  (I)  the  lists  in  the  unit  on  his  behalf, 

(</)  See  sect.  13,  pp.  133  —  134,  and  p.  134,  supra,  also  sects.  1,  3, 
4  and  5. 

(h}  See  rale  31,  pp.  350  —  351,  infra.  As  to  the  period  during 
which,  as  regards  the  first  register,  these  documents  must  be  kept 
published,  Order  in  Council  of  June  4th,  1918,  rule  1,  p.  748,  infra, 
and  First  Schedule,  p.  750,  infra. 

(t)  See  sect.  11,  pp.  125  —  126,  supra. 

(j)  This  date  as  regards  the  first  register  has  been  altered  to 
29th  June.  See  pp.  128—  1"29,  supra. 

(k)  See  rule  1,  p.  339,  supra. 

(/)  See  rule  31,  pp.  350—351,  infra. 


342 


REPKESENTAT1ON  OF  THE  PEOPLE  ACT,  1918. 


Corrupt  and 
illegal  prac- 
tices list. 


and  it  shall  be  the  duty  of  the  overseers  to  furnish  lists  as  so 
required,  and  also  at  any  time,  if  required  by  the  registra- 
tion officer,  to  furnish  that  officer  with  information  respect- 
ing any  persons  resident  or  occupying  land  or  premises  in 
their  parish,  or  the  removal  of  any  person  from  the  parish. 

Any  reasonable  expenses  incurred  by  the  overseers  in 
performing  any  duties  required  of  them  in  pursuance  of 
this  rule  (including  reasonable  remuneration  where  the 
duties  are  performed  by  an  assistant  overseer  or  other 
paid  officer)  shall  be  paid  by  the  registration  officer  as 
part  of  his  registration  expenses  (m).  In  this  rule  the  ex- 
pression "  overseers "  includes  any  person  for  the  time 
being  executing  any  of  the  duties  of  overseers. 

8.  The  registration  officer  shall  publish  (w),  together  with 
the  electors  lists,  the  corrupt  and  illegal  practices  list  (if 
any)  made  by  him  under  section  thirty-nine  of  the  Corrupt 
and  Illegal  Practices  Prevention  Act,  1883  (0),  or  made  by 
or  sent  to  him  under  section  twenty -four  of  the  Municipal 
Elections  (Corrupt  and  Illegal  Practices)  Act,  1884. 


Claim  to  be 
•exit  to 
registration 
officer. 


Claims  to  be  Registered. 

9.  Any  person  who  claims  to  be  entitled  to  be  regis- 
tered as  a  parliamentary  or  local  government  elector,  and 
who  is  not  entered,  or  who  is  entered  in  an  incorrect  place 
or  manner  or  with  incorrect  particulars  on  the  electors 
lists,  may  claim  to  be  registered,  or  to  be  registered 
correctly,  by  sending  (p)  to  the  registration  officer  a  claim 
in  the  prescribed  form  (q)  not  later  than  the  eighteenth 

(m)  See  sect.  15,  pp.  139—141,  supra,  and  scale  of  registration 
expenses  set  out  at  pp.  610—612,  infra. 

(??)  See  rule  31,  pp.  350 — 351,  infra.  As  to  the  period  during 
which,  in  connection  with  the  first  register,  the  corrupt  and  illegal 
practices  list  must  be  kept  published,  see  Order  in  Council  of 
June  4th,  1918,  rule  1,  p.  748,  infra,  and  First  Schedule,  p.  750, 
infra. 

(o)  Set  out  at  pp.  718 — 714,  infra. 

(p)  See  rule  34,  pp.  351—352,  infra. 

(q)  For  forms  (1  to  9),  see  pp.  562—569,  infra. 


KEGISTKAT1ON  KULES. 

day  of  February  (r)  where  the  claim  is  for  the  spaing 
register,  and  the  eighteenth  day  of  August  (r)  where  the 
claim  is  for  the  autumn  register. 

10.  The  form  of  claim  (a)  for  a  person  making  a  claim  Form  of 
on  his  own  behalf  shall  contain  a  declaration  of  the  qualifi- 
cation of  the  claimant  to  be  registered,  including  a  declara- 
tion that  the  claimant  has  attained  the  required  age,  and 

is  a  British  subject,  and  of  the  character  in  which  the 
claimant  desires  to  be  registered,  that  is  to  say,  either  as  a 
parliamentary  elector,  or  as  a  local  government  elector, 
or  as  a  local  government  elector  who  is  not  entitled  to 
vote  for  all  local  government  elections,  and  where  the 
claimant  claims  in  respect  of  a  non -residential  qualification 
a  declaration  of  residence  or,  in  case  such  person  has  no 
settled  residence,  an  address  to  which  communications  may 
be  sent.  A  note  shall  also  be  added  to  the  form  warning 
the  claimant  that  any  false  declaration  for  the  purpose 
of  this  provision  will  involve  a  penalty. 

Where  a  claim  is  made  on  behalf  of  a  claimant  by 
another  person,  the  registration  officer  shall  not  enter  the 
name  of  the  claimant  on  the  register,  unless  the  matters 
required  to  be  stated  in  the  declaration  under  the  fore- 
going provision  are  proved  to  his  satisfaction. 

11.  It  shall  be  the  duty  of  the  registration  officer  to  Publication 
publish  (t)  the  lists  of  claimants,  as  respects  the  lists  for  claimants 
the  spring  register  not  later  than  the  twenty-fourth  day 

of  February  (w),  and  as  respects  the  lists  for  the  autumn 
register  not  later  than  the  twenty-fourth  day  of  August  (u) . 

(r)  As  regards  the  first  register  under  the  Act,  1 7th  July  is  sub- 
stituted for  this  date.  See  pp.  128 — 129,  supra. 

(s)  For  forms  (1  to  9),  see  pp.  562—569,  infra. 

(t]  See  rule  31,  pp.  350—351,  infra.  As  to  the  period  during 
which,  in  connection  with  the  first  register,  the  lists  of  claimants 
must  be  kept  published,  see  Order  in  Council  of  June  4th,  1918, 
rule  1,  p.  748,  infra,  and  First  Schedule,  p.  750,  infra. 

(u}  As  regards  the  first  register  under  the  Act,  25th  July  is  sub- 
stituted for  this  date.  See  pp.  128  —  129,  supra. 


344 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 


Notice  of 
objections. 


Notice  to 
persons 
affected  by 
objection. 


Publication 
of  objections 
to  lists. 


Publication 
of  objections 
to  claims. 


'Objections. 

12.  Any  person  whose  name  appears  on  the  electors 
lists  for  a  constituency  or  local  government  electoral  area 
may  object  to  the  registration  of  any  person  whose  name 
is  included  in  the  electors  lists  for  the  constituency  or  the 
local  government  electoral  area,  as  the  case  may  be,  by 
sending  notice  of  objection  in  the  prescribed  form  (u)  to 
the  registration  officer  not  later  than  the  fifteenth  day  of 
February  (x)  in  the  case  of  the  spring  register  and    the 
fifteenth  day  of  August  (a?)  in  the  case  of  the    autumn 
register,  and  may  object  to  the  registration  of  any  person 
whose  name   is  included    in   the    list    of    claimants  by 
sending  (y]  notice  of  objection  in  the  prescribed  form  (?«) 
to  the  registration  officer  not  later  than  the  seventh  day  of 
March  (2)  in  the  case  of  the  spring  register  and  the  fourth 
day  of  September  (2)  in  the  case  of  the  autumn  register. 

13.  The  registration  officer  shall,  as  soon  as  practicable 
after  receiving  any  notice  of  objection,  send  (y)  a  copy  of 
the  notice  to  the  person  in  respect  of  whose  registration 
the  notice  of  objection  is  given. 

14.  It  shall  be  the  duty  of  the  registration  officer  to 
publish  (a)  a  list  of  the  names  of  persons  to  whose  registra- 
tion notice  of  objection  has  been  given  not  later  than  the 
twenty-first  day  of  February  (?;)  in  the  case  of  the  spring 
register   and     not    later    than    the    twenty-first    day    of 
August  (&)  in  the  case  of  the  autumn  register. 

15.  It  shall  be  the  duty  of  the  registration  officer    to 
publish  (a)  a  list  of  the  names  of  persons  included  in  the  list 

(tt)  For  form,  pee  p.  570,  infra. 

(x)  As  regards  the  first  register  under  the  Act,  10th  July  has 
been  substituted  for  this  date.  See  pp.  128—129,  supra. 

(y]  See  rule  34,  pp.  351-  352,  infra. 

(z)  As  regards  the  first  register  under  the  Act,  31st  July  has 
been  substituted  for  this  date.  See  pp.  128 — 129,  supra. 

(a]  See  rule  31,  pp.  350—351,  infra.  As  to  the  period  during 
which,  in  connection  with  the  first  register,  the  list  of  names  must 
be  kept  published,  see  Order  in  Council  of  June  4th,  1918,  rule  1, 
p.  748,  infra,  and  First  Schedule,  p.  750,  infra. 

(I)}  As  regards  the  first  register  under  the  Act,  19th  July  has  been 
substituted  for  this  date.  See  pp.  128 — 129,  supra. 


REGISTRATION  RULES.  345 

of  claimants  to  whose  registration  notice  of  objection  has 
been  given  as  soon  as  practicable  after  the  seventh  day 
of  March  (c)  in  the  case  of  the  spring  register  and  the 
fourth  day  of  September  (<?)  in  the  case  of  the  autumn 
register. 

Absent  Voters  List. 

16.  Any  person  entitled  to  be  registered  as  a  parlia-  Absent 
inentary  elector  (d)  may,  not  later  than  the  eighteenth  day  voter^llst- 
of  February  (e)  where  the  claim  is  for  the  spring  register, 

and  the  eighteenth  day  of  August  (e)  where  the  claim  is 
for  the  autumn  register,  claim (/)  to  be  placed  on  the  absent 
voters  list  (#);  and  the  registration  officer,  if  satisfied  that 
there  is  a  probability  that  the  claimant,  by  reason  of  the 
nature  of  his  occupation,  service,  or  employment,  may  be 
debarred  from  voting  at  a  poll  at  parliamentary  elections 
held  during  the  time  the  register  is  in  force,  shall  place 
the  claimant  (if  registered)  on  the  absent  voters  list. 

17.  It  shall  be   the  duty  of  the  registration   officer,  Obligation  to 
without  any  claim  being  made  for  the  purpose,  to  place  aMmmtar 

on  the  absent  voters  list  (g)  any  naval  or  military  voter  (/&),  voter  on 
i  absent  voters 

unless—  list  without 

(a)  that  person,  not  later  than  the  eighteenth  day  of  claim- 
February  (i)  as  respects  the  spring  register,  and 
the  eighteenth  day  of  August  (£)  as  respects  the 

(c)  As  regards  the  first  register  under  the  Act,  31st  July  has 
been,  substituted  for  this  date.     See  pp.  128 — 129,  supra. 

(d)  See  sect.  1,  pp.  1 — 3,  and  sect.  4  (1),  pp.  63—64,  supra. 

(e)  As  regards  the  first  register  under  the  Act,  31st  July  has  been 
substituted  for  this  date.     See  pp.  128 — 129,  supra. 

(/)  For  form  of  claim,  see  p.  575,  infra.  As  to  the  course  to  be 
•adopted  by  the  registration  officer  when  he  receives  a  naval  or 
military  voter's  statement  too  late  to  include  his  name  in  the 
electors  lists,  see  Order  in  Council  of  June  4th,  1818,  rule  7, 
p.  749,  infra. 

(g]  For  order  of  names  in  and  form  of  absent  voters  list,  see 
Order  in  Council  of  June  4th,  1918,  rule  3,  p.  748,  and  Third 
Schedule,  p.  751,  infra.  See  also  ibid.,  rule  9,  p.  749,  infra. 

(h)  See  sect.  5,  pp.  76 — 79,  supra. 

(•)  As  regards  the  first  register  under  the  Act,  17th  August  has 
been  substituted  for  this  date.  See  Order  in  Council  of  June  4th, 
1918,  rule  6,  p.  749,  infra,  and  Fifth  Schedule,  p.  752,  infra. 


REPRESENTATION  OF  THE  PEOPLE  ACT,  L918. 


Information 
to  registra- 
tion officers 
by  depart- 
ments.  * 


Record  of 
addresses  to 
be  kept. 


autumn  register,  gives  notice  (m)  to  the  registra- 
tion officer  that  he  does  not  desire  to  be  placed 
upon  that  list;  or 

(b)  that  person  is  registered,  in  pursuance  of  a  claim  (w) 
for  the  purpose,  for  the  constituency  in  which 
he  has  an  actual  residence  qualification. 

18.  The  Admiralty,  the  Army  Council,   and    the  Air 
Council,  either  directly  or  through  officers  appointed  by 
them,  shall  in  the  prescribed  manner  furnish  to  the  regis- 
tration officers  in  the  several  constituencies  such  informa- 
tion (0)  as  to  the  names  and  .addresses  of  Naval  and  Mili- 
tary voters  and  such  other  particulars  as  may  be  necessary 
for  the  purpose  of  their  registration  arid  of  their  voting  as 
such,  and  it  shall  be  the  duty  of  the  Local  Government 
Board  to  render  any  assistance  that  may  be  required  by 
the  Admiralty,  the  Army  Council,  and  the  Air  Council 
in  conveying  such  information  to  the  registration  officers : 

Provided  that  the  Admiralty,  Army  Council,  and  Air 
Council  shall  not  be  required  to  supply  any  particulars 
which  in  their  declared  opinion  would  interfere  with  the 
proper  conduct  of  the  war. 

19.  The  registration  officer  shall  keep  a  record  of   any 
address  which  may  be  furnished  to  him  by  any  person 
placed  on  the  absent  voter's  list,   or  by   the  Admiralty, 
Army  Council,  Air  Council  or  Board  of  Trade,  as  the 
address  which  is   to  be  for    the   time   being   the   address 
of  the  voter  for  the  purpose  of  the  provisions  relating  to 
voting  by  absent  voters  (p)  and,  as  soon  as   practicable, 
shall  cause  instructions  to  be  sent  to  the  voter  as  to  the 
mode  of  voting  under  those  provisions. 

The  record  of  addresses  shall  be  open  to  inspection 
under  the  same  conditions  (q)  that  govern  the  register. 

(m)  No  form  of  notice  is  prescribed. 

(//)  For  form  of  claim,  see  p.  569,  infra. 

(o)  As  to  the  course  to  l>e  adopted  by  the  registration  officer  when 
he  receives  the  information  too  late  to*  include  the  naval  or  military 
voter  in  the  electors  lists,  see  Order  in  Council  of  June  4th,  1918. 
rule  7,  p.  749,  infra. 

(p)  See  sect,  23,  pp.  173—170.  siyira. 

(</)  See  rule  27,  p.  349,  infra. 


KEG1STKAT1ON  KULE*.  347 

Preparation  of  the  Register  from  the  Lists. 

20.  The  registration  officer  shall,  as    soon  as  practi- 
cable,  consider  all  objections  of    which  notice  has    been 
given  to  him  in  accordance  with  these  rules  (r),  and  for  that 
purpose  shall  give  at  least  five  clear  days'  notice  to  the 
objector  and  to  the  person  in  respect  of  whose  registra- 
tion the  notice  of  objection  has  been  given,  of  the  time 
and  place  at  which  the  objection  will  be  considered  by  him. 

21.  The    registration    officer    shall    also    consider     all  Considera- 
claims  of  which  notice  is  given  to  him  in  accordance  with 

these  rules  (s),  and  in  respect  of  which  no  notice  of  objec- 
tion is  given,  and,  if  he  considers  that  the  claim  may  be 
allowed  without  further  inquiry,  shall  give  notice  (£)  to 
the  claimant  that  his  claim  is  allowed. 

If  the  registration  officer  is  not  satisfied  that  any  such 
claim  can  be  allowed  without  inquiry,  he  shall  give  at 
least  five  clear  days'  notice  (t)  to  the  claimant  of  the  time 
and  place  at  which  the  claim  will  be  considered  by  him. 

22.  If  on  the  consideration  of  any  claim  or  objection  Supplemen- 
it  appears  to  the  registration  officer  that  the  claimant,  or  ^§2^^^ 
person  in  respect  of  whose  name  objection  is  taken,  is  of  claims  and 
not  entitled  to  be  entered  on  the  register  in  the  character  °  jet 

in  which  he  claims  to  be  registered,  or  in  which  he  is 
entered  on  the  list,  but  is  entitled  to  be  entered  on  the 
register  in  another  character  or  in  another  place  on  the 
register,  the  registration  officer  may  decide  that  the  name 
of  that  person  shall  be  so  entered  on  the  register. 

23 .  The  registration  officer  shall  make  such  additions  Correction  of 
and  corrections  in  the  electors  lists  (including  the  absent  llsts> 
voters  list)  as  are    required    in    order   to    carry    out    his 
decisions  on  any  objection®  or  claims,  and  shall  also  make 

any  such  corrections  in  those  lists  by  way  of  the  removal 
of  duplicate  entries  (subject  to  any  expression  of  choice 
by  the  person  affected  as  to  those  entries),  the  expunging 

r)  See  rules  12 — 15,  pp.  344 — 345,  supru. 
s)  See  rules  9—11,  pp.  342—343,  supra. 
t)  See  rule  34,  pp.  351—352,  infra. 


348 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 


Voting  iu 
different 
polling 
districts. 


Objections  to 
correction*. 


of  the  names  of  persons  who  are  dead  or  subject  to  any  legal 
incapacity  (g),  or  the  placing  of  marks  (r)  or  the  correction 
of  marks  placed  against  the  name  of  an  elector,  or  other- 
wise as  he  thinks  necessary  in  order  to  secure  that  no 
person  is  registered  as  a  parliamentary  elector  in  respect 
of  more  than  one  qualification  in  the  same  constituency,  or 
as  a  local  government  elector  in  respect  of  more  than  one 
qualification — 

(a)  in  the  same  borough  for  the  purpose  of  borough 

council  elections;  or 

(b)  in  the  same  electoral  division  or  ward  for  the  pur- 

pose of  county  council,    metropolitan    borough 
council,  and  urban  district  council  elections;  or 

(c)  in  the  same  parish  or  ward  of  a  parish  for  the 

purpose  of  rural  district  council,  guardians,  or 

parish  elections; 

and  otherwise  to  make  those  lists  complete  and  accurate 
as  a  register. 

24.  Any  person  whose  name  shall  appear  in  the  list 
of  parliamentary  voters  of  any  registration  unit  in  any 
county  constituency    or   district    of   boroughs,   and    who 
resides    outside  the   polling    district  (s)    in  which  he    is 
entitled  to  be  registered,  shall  be  at  liberty  to  make  his 
claim  (t)  before  the  registration  officer  to  vote  at  any  other 
polling  place  within  the  same  constituency  (u). 

Any  such  person  shall   be  admitted   to   vote  at   such 
polling  place  accordingly. 

25 .  Where  the  registration  officer  makes  any  correction 
in  the  lists  (including  the  absent  voters  list)  otherwise 
than  in  pursuance  of  a  claim  or  objection,  or  for  the  pur- 
poses of  correcting  a  clerical  error,  he  shall  give  notice  (x) 
to  the  person  affected  by  the  correction,  and  give  that  person 

((/)  See  pp.  4—7,  42,  67—68,  74,  75  and  82,  supra, 
(r)  See  rule  2,  pp.  339—340,  supra. 
[si\  See  sect.  31,  pp.  220—222,  supra. 

(t}  As  to  the  time  for  making  this  claim  and  for  form,  see  Order 
in  Council  of  June  4th,  1918,  rule  5,  p.  748,  infra. 
(n)  See  ibid.,  rule  4,  p.  748,  infra. 
(r)  See  rulo  34,  pp.  351—352,  Vn/w. 


REGISTRATION  RULES. 

an  opportunity  of  objecting  to  the  correction,  and,  if 
necessary,  of  being  heard  with  respect  thereto. 

26 .  The  registration  officer  shall  make'  all  the  necessary  Formation  of 
corrections  of  the  lists  (including  the  absent  voters  list) 

and  do  everything  necessary  to  form  those  lists  into  a 
register  (with  a  separate  letter  and  a  separate  series  of 
numbers  for  each  polling  district  (t/))  in  time  to  allow  the 
publication  of  the  lists  so  corrected  as  a  register  as  required 
by  these  rules  (z) . 

Duty  to  publish  and  deliver  Copies  of  the  Register. 

27 .  It  shall  be  the  duty  of  the  registration  officer   to  Publication  of 
publish  the  spring  register  not  later  than  the  fifteenth  day 

of  April  (#),  and  the  autumn  register  not  later  than  the 
fifteenth  day  of  October  (a)  in  each  year,  fay  publishing  (£>) 
a  notice  that  a  copy  of  the  register  is  open  to  inspection  at 
his  office,  and  that  copies  of  the  part  of  the  register 
relating  to  any  registration  unit  are  open  to  inspection 
during  business  hours  in  the  registration  unit  at  the  place 
mentioned  in  the  notice. 

It  shall  be  the  duty  of  the  registration  officer  to  keep 
copies  of  the  register  for  inspection  in  his  office,  and  also 
to  arrange  for  copies  of  the  part  of  the  register  relating 
to  any  registration  unit  being  kept  for  inspection  in  that 
unit  either  in  the  principal  post  office  (if  the  Postmaster 
General  gives  authority  for  the  purpose)  or  at  some  other 
convenient  place  to  which  the  public  have  access  to  be 
arranged  by  him. 

It  shall  be  the  duty  of  the  registration  officer  to  transmit, 
a  copy  of  the  register,  as  soon  as  may  be  after  it  is  pub- 
lished, to  the  Local  Government  Board. 

(y]  See  Form  of  Begister,  p.  577,  infra. 
(z)  See  rules  6—8,  pp.  341—342,  supra. 

(a)  As  regards  tlie  first  register  under  the  Act,  1st  October  is 
substituted  for  this  date.     See  pp.  128—129,  supra. 

(b)  See  rule  31,  pp.  350 — 351,  infra.     As  to  the  period  during 
which  the  first  register  is  to  be  kept  published,  see  Order  in  Council 
of  June  4th,  1918,  rule  1,  p.  748,  infra,  and  First  Schedule,  p.  750, 
infra. 


350 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 


Delivery  of 
copies  of  the 
register. 


28.  It  shall  be  the  duty  of  the  registration  officer,  on  the 
application  of  any  person  during  business  hours  and  on 
payment  of  the  prescribed  fee  (c),  to  furnish  copies  to  the 
applicant  of  the  register  or  of  so  much  of  the  register  as 
relates  to  any  registration  unit. 


Notice  of 
appeal  from 
registration 
officer. 


Appeals 
relating  to 
the  same 
point. 


Publication 
documents. 


Appeals  from  Registration  Officer. 

29.  A  person  desiring  to  appeal  against  the  decision 
of  a  registration  officer  must  give  notice  of  appeal  in  the 
prescribed  form  (d)  to  the  registration  officer  and   to  the 
opposite  party,  if  any,  when  the  decision  is  given  or  within 
five  days  thereafter,  specifying  the  grounds  of  appeal. 

The  registration  officer  shall  forward  any  such  notices 
to  the  county  court  in  manner  directed  by  rules  of  court  (e) 
together,  in  each  case,  with  a  statement  of  the  material 
facts  which,  in  his  opinion,  have  been  established  in  the 
case,  and  of  his  decision  upon  the  whole  case  and  on  any 
point  which  may  be  specified  as  a  ground  of  appeal,  and 
shall  also  furnish  to  the  court  any  further  information 
which  the  court  may  require  and  which  he  is  able  to 
furnish . 

30.  Where  it  appears  to  the  registration   officer  that 
any  notices  of  appeal  given  to  him  are  based  on   similar 
grounds,  he  shall  inform  (e)  the  county  court  of  the  fact 
for  the  purpose  of  enabling  the  county  court  (if  the  court 
thinks  fit)  to  consolidate  the  appeals,  or  select  a  case  as  a 
test  case. 

General. 

»f  31.  Where  the  registration  officer  by  these  rules  is 
required  to  publish  any  document,  and  no  specific  pro- 
vision is  made  as  to  the  mode  of  publication,  he  shall 
publish  the  document  by  making  copies  of  the  document 


(c)  For  the  amount  of  this  fee,  see  Order  in  Council  of  June  4th, 
1918,  rule  2,  p.  748,  and  Second  Schedule,  p.  751,  infra. 

(d)  For  forms,  see  p.  575 — 576,  infra. 
(c)  See  p.  639,  infra. 


REGISTRATION  RULES.  301 

available  for  inspection  by  the  public  in  his  office,  and  in 
the  chief  post  office  (if  the  Postmaster  General  gives 
authority  for  the  purpose),  or  some  other  convenient  place 
in  the  area  forming  the  registration  unit  to  which  the 
document  relates  and,  if  he  thinks  fit,  in  any  other  manner 
which  is,  in  his  opinion,  desirable  for  the  purpose  of 
bringing  the  contents  of  the  document  to  the  notice  of  those 
interested. 

Any  document  required  to  be  published  shall  be  kept 
published  for  the  prescribed  time(/). 

Any  failure  to  publish  a  document  in  accordance  with 
these  rules  shall  not  invalidate  the  document,  but  this 
provision  shall  not  relieve  the  registration  officer  from  any 
penalty  (g)  for  such  a  failure. 

If  any  person  without  lawful  authority  destroys,  muti- 
lates, defaces  or  removes  any  notice  published  by  the  regis- 
tration officer  in  connection  with  his  registration  duties,  or 
any  copies  of  a  document  which  have  been  made  available 
for  inspection  in  pursuance  of  these  rules,  he  shall  be 
liable  on  summary  conviction  to  a  fine  not  exceeding  five 
pounds. 

32.  The  registration  officer  shall,  without  fee,  on  the  Dutj  of  regie- 
application  of  any  person,  supply  forms  of  claims  and  to  supply 
notices  of  objections.  forms. 

33.  The  registration  officer  shall,  on  the  application  of  Supply  of 
any  person,  allow  that  person  to  inspect,  and  take  extracts  claims,  ob- 
from,  or  on  payment  of  the  prescribed  fee  (h),  supply  to  that  Jectlon8>  &c- 
person  copies  of,  the  electors  lists  for  any  registration  unit 

in  his  area  and  any  claim  or  notice  of  objection  made 
under  these  rules. 

34.  Any  claim  or  notice  of  objection  which  is  under  Mode  of 
these  rules  to  be  sent  to  the  registration  officer  may  be  notices*  &c. 
sent  to  him  by  post  addressed  to  him  at  his  office. 

(/)  See  Order  in  Council  of  June  4th,  1918,  rule  1,  p.  748,  infra, 
and  First  Schedule,  p.  750,  infra. 

(g)  See  sect.  13  (1),  p.  133,  supra. 

(h)  For  the  amount  of  this  fee,  see  Order  in  Council  of  June  4th, 
1918,  rule  2,  p.  748,  and  Second  Schedule,  p.  751,  infra. 


852 


REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 


Information 
from  house- 
holders. 


Access  to 

national 

register. 


Declaration 
as  to  age  and 
nationality. 


Any  notice  which  is  required  to  be  sent  by  the  regis- 
tration officer  under  these  rules  to  any  person  shall  be 
sufficiently  sent  if  sent  by  post  to  the  address  of  that 
person  as  given  by  him  for  the  purpose,  or  as  appealing 
on  the  lists,  or  if  there  is  no  such  address,  to  his  last  known 
place  of  abode . 

35.  The  registration  officer  may  require  any   house- 
holder or  any  person  owning  or  occupying  any  land  or 
premises  within  his  area,  or  the  agent  or  factor  of  such 
person,  to  give,  in  the  prescribed  form  ($),  any  information 
in  his  possession  which  the  registration  officer  may  require 
for  the  purpose  of  his  duties  as  registration  officer;  and  if 
any  person  fails  to  give  the  required  information,  or  gives 
false  information,  he  shall  be  liable,   on  summary  con- 
viction, to  a  fine  not  exceeding   twenty  pounds.      Any 
notice  requiring  information  under  this  rule  may  be  sent 
by  post. 

36.  The  registration  officer  shall,  subject  to  such  direc- 
tions (&)  as  the  Local  Government  Board  may  give,  have 
access  to  the  national  register  compiled  under  the  National 
Registration  Act,  1915. 

37.  The    registration    officer,    before   registering    any 
person  as  an  elector,  may,  if  he  thinks  it  necessary— 

(a)  require  that  person  either  to  produce  a  certificate 

of  birth  or,  if  that  is  not  practicable  or  con- 
venient, to  make  a  statutory  declaration  that 
such  person  has  attained  the  required  age,  and 

(b)  require    that   person    to   produce   a    certificate    of 

naturalisation  or  to  make  a  statutory  declaration 

that  he  is  a  British  subject. 

Where  a  declaration  is  so  required,  any  fee  payable  in 
connection  therewith  shall  be  paid  by  the  registration 
officer  as  part  of  his  registration  expenses  (?),  and  the 
declaration  shall  be  exempt  from  stamp  duty. 

(t)  For  forms  (1  to  6),  see  pp.  556 — 561,  infra. 

(k]  See  p.  580,  infra. 

(/)  See  sect.  15,  pp.  139—141,  supra. 


REGISTRATION  RULES.  35 

The  registration  officer  shall  during  business  hours 
allow  any  person  to  inspect  and  take  a  copy  of  any  such 
declaration . 

38.  Where  for  the  purpose  of  the  provisions  of  this  p0werto 
Act  any  person  requires  a  certificate  of  birth,  that  person  JjJjJjjJJ^J^  f 
shall  on  presenting  a  written  requisition  in  the  prescribed  birth  at 
form  (m)  and  containing  the  prescribed  particulars,  and  on  r 
payment  of  a  fee  of  sixpence,  be  entitled  to  obtain  a  certi- 
fied copy  of  any  entry  of  the  birth  of  that  person  in  the 

birth  register  under  the  hand  of  the  registrar  or  the  super- 
intendent registrar  having  the  custody  thereof,  and  form,- 
of  requisition  for   the  purpose  shall   on  application   b 
supplied  without  charge  by  every  registrar  of  births  and 
deaths  and  by  every  superintendent  registrar. 

39.  On  the  consideration  of  any  claim  or  objection  oj   Hearing  of 
other  matter  by  the  registration  officer,  any  person  ap-  oty^tkms. 
pearing  to  the  registration  officer  to  be  interested  may 

appear  and  be  heard  either  in  person  or  by  any  other 
person,  other  than  counsel,  on  his  behalf. 

40 .  The  registration  officer  may  at  the  request  of  any  Power  to 
person  interested,  or  if  he  thinks  fit  without  such  request, 

on  the  consideration  of  any  claim  or  objection  or  other  oath, 
matter  require  that  the  evidence  tendered  by  any  person 
should  be  given  on  oath  and  may  administer  an  oath  for 
the  purpose. 

41 .  No   misnomer  or   inaccurate  description    of    any  Provisions  as 
person  or  place  on  any  list  or  on  the  register  or  in  any  or^^uTate 
notice  shall  prejudice  the  operation  of  this  Act  or  these  description, 
rules  as  respects  that  person  or  place,  provided  that  the 

person  or  place  is  so  designated  as  to  be  commonly  under- 
stood. 

42.  In  reckoning  time  for  the  purpose  of  these  rules.  Reckoning  of 
Sunday,  Christmas   Day,  Good    Friday,    and   any   bank  tlme> 
holiday  or  day  set  apart  as  a  public  holiday,  or  day  of 

(m)  See  p.  576,  infra. 
F.  23 


354  REPKESENTATION  OF  THE  PEOPLE  ACT,   1918. 

public  fast,  or  public  thanksgiving  shall  be  excluded;  and 
where  anything  is  required  by  these  rules  to  be  done  on 
any  day  falls  to  be  done  on  any  such  day,  that  thing 
may  be  done  on  the  next  day  not  being  one  of  any  such 
days . 

Application  of  Rules  to  Scotland  and  Ireland. 
Application          43.  These  rules  shall  apply  to  Scotland  subject  to  the 

to  Scotland.        ...        .  •>,«,•  i 

following  modifications,  namely: — 

The  Secretary  for  Scotland  shall  be  substituted  for  the 
Local  Government  Board: 

The  provision  for  the  transmission  of  a  copy  of  the 
register  to  the  Local  Government  Board  shall  not 
apply: 

Rule  2  shall  apply  as  if  after  the  words  "  in  separate 
divisions"  there  were  inserted  the  words  "or  other- 
wise to  distinguish:" 

For  the  reference  to  section  twenty-four  of  the  Munici- 
pal Elections  (Corrupt  and  Illegal  Practices)  Act, 
1884,  there  shall  be  substituted  a  reference  to  section 
twenty-nine  of  the  Elections  (Scotland)  (Corrupt 
and  Illegal  Practices)  Act,  1890. 

44.  These  rules  shall  apply  to  Ireland  subject  to  the 
following  modifications,  namely:— 

(1)  References  to  the  Local  Government  Board  shall 

be  construed  as  references  to  the  Local  Govern- 
ment Board  for  Ireland. 

(2)  The  district  electoral  division  as  constituted  under 

the  Local  Government  (Ireland)  Act,  1898,  shall 
be  the  registration  unit;  but — 

(a)  where  a  district   electoral    division  is 
divided  into  wards,  each  such  ward  shall   be 
treated  as  a  separate  registration  unit;  and 

(b)  where  a  district   electoral    division  is 
situate  partly  in  one    parliamentary  polling 
district,  partly  in  another,  or  partly  within  and 


REGISTRATION  RULES  (IRELAND).  366 

partly  without  any  town  (within  the  meaning 
of  the  Local  Government  (Ireland)  Act,  1898), 
or  ward  of  a  borough  or  town,  each  part  shall 
be  treated  as  a  separate  registration  unit; 

and  references  to  parishes  or  parts  of  parishes 

shall  not  apply. 

(3)  References  to  the  autumn  register  shall  be  construed 

as  references  to  the  yearly  register,  and  refer- 
ences to  the  spring  register  shall  not  apply. 

(4)  The  expression  "  overseers "  includes  town  clerks, 

secretaries  of  county  councils,  clerks  of  urban 
district  councils,  existing  clerks  of  the  union 
within  the  meaning  of  the  Local  Government 
(Ireland)  Act,  1898,  and  collectors  of  poor  rate. 

(5)  The  power  of  the  registration  officer  in  certain  cases 

to  require  the  overseers  to  perform  duties  in  con- 
nection with  registration  under  this  Act  shall  be 
construed  in  all  cases  as  an  obligation  upon  him 
to  require  each  person  holding  the  office  of  over- 
seer to  perform  duties  analogous  to  the  duties 
which,  but  for  the  passing  of  this  Act,  would 
have  been  performed  by  that  person  by  virtue 
of  his  office  under  the  enactments  relative  to 
registration  in  force  at  the  commencement  of  this 
Act,  and  it  shall  be  the  duty  of  every  such  person 
to  comply  with  those  requirements. 

In  order  to  give  full  effect  to  the  foregoing 
provision  the  clerk  of  the  crown  and  peace  for 
a  county  borough  shall,  as  respects  any  parlia- 
mentary borough  for  which  he  is  registration 
officer,  appoint  the  town  clerk  of  the  county 
borough  to  act  as  his  deputy  for  the  purposes 
of  Eules  9  to  15  and  for  the  purpose  of  pub- 
lishing the  lists  and  notices  to  be  published  under 
Rules  6  and  8  of  this  Schedule  if  the  town  clerk 
so  desires,  and  any  town  clerk  so  appointed  shall, 
23  (2) 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

for  the  purposes  aforesaid,  have  the  like  powers 
and  duties  and  be  subject  to  the  like  liabilities 
as  if  he  were  registration  officer. 

Any  question  which  may  arise  as  to  what 
duties  are  analogous  duties  within  the  meaning 
of  the  provision  aforesaid  shall  be  determined  by 
the  Local  Government  Board,  whose  determina- 
tion shall  be  final. 

(6)  The  overseers  shall  be  entitled  to  payment  for  ser- 

vices performed  and  expenses  incurred  by  them 
in  the  execution  of  any  duties  under  these  rules. 
The  payments  shall  be  made  at  such  times  as 
may  be  fixed  by  order  of  the  Local  Government 
Board  for  Ireland  under  this  Schedule,  and  any 
sum  payable  to  an  overseer  under  this  provision 
shall  be  treated  for  the  purposes  of  this  Act  as 
part  of  the  registration  expenses  of  the  regis- 
tration officer  on  whose  requisition  the  services 
were  performed  or  the  expenses  were  incurred. 

This  provision  shall  apply  to  any  superin- 
tendent registrar  of  births  and  deaths  or  clerk 
of  the  union  who  is  not  an  existing  clerk  of 
the  union,  so  far  as  respects  lists  or  informa- 
tion supplied  by  him  on  the  requisition  of  the 
registration  officer  in  connection  with  deaths  in 
like  manner  as  it  applies  to  overseers. 

(7)  Th©  reference  to  the  authority  whose  officer    the 

registration  officer  is,  or  by  whom  he  is  ap- 
pointed, shall  be  construed  as  a  reference  to  the 
.county  borough  council  in  the  case  of  registration 
units  in  a  county  borough,  and  as  a  reference  to 
the  county  council  in  the  case  of  registration 
units  in  an  administrative  county,  and  the  regis- 
ter for  any  registration  unit  in  an  administrative 
county  shall  be  arranged  alphabetically  in  town- 
land  order  if  the  county  council  consider  that 
such  arrangement  is  more  convenient  than 


SECOND  SCHEDULE.  357 

arrangement  in  alphabetical  order  of  names  or 
in  street  order. 

(8)  Rule  2  of  this  Schedule  shall  be  construed  as  if  the 

words  "  or  otherwise  to  distinguish "  were  in- 
serted after  the  words  "  in  separate  divisions," 
and  as  if  the  direction  as  to  placing  marks 
against  the  names  of  local  government  electors 
were  omitted. 

(9)  For   the   direction    to   the   registration    officer   in 

Eule  23  of  this  schedule  to  secure  that  no  person 
is  registered  as  a  local  government  elector  in 
respect  of  more  than  one  qualification  in  the  areas 
and  for  the  purposes  therein  specified,  there  shall 
be  substituted  a  direction  to  secure  that  no  person  • 
is  registered  as  a  local  government  elector  in 
respect  of  more  than  one  qualification  in  the  same 
district  electoral  division  or  ward. 


SECOND  SCHEDULE.  Section 21  (i)'. 

PART  I.  (»). 

MODIFICATIONS  OF  THE  BALLOT  ACT,  1872  ( FIRST 
SCHEDULE). 

The  following  provisions  shall  be  inserted  in  the  First 
Schedule  to  the  Ballot  Act,  1872,  after  Rules  "2  and  14 
respectively  (o),  that  is  to  say: — 

"  2A.  In  an  election  of  members  to  serve  in  a  new  Par- 
liament of  the  United  Kingdom  the  day  fixed 
by  the  returning  officer  for  the  election  shall  in 
all  cases  be  the  eighth  day  after  the  date  of  His 
Majesty's  gracious  Proclamation  declaring  the 
calling  of  the  Parliament." 

(n)  See  sect.  21  (1),  set  out  on  p.  161,  supra. 

(o)  For  Eules  2  and  14,  see  pp.  682—683  and  685  respectively. 


358  REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 

"14A.  In  an  election  of  members  to  serve  in  a  new 
Parliament  of  the  United  Kingdom,  the  day 
appointed  by  the  returning  officer  for  the  poll 
shall  in  all  cases  be  the  ninth  day  after  the  day 
fixed  for  the  election." 

Section  22  (2).  PART  II.  (p) . 

Questions. 

1 .  In  the  case  of  a  man  voting  in  respect  of  a  residence 
qualification — 

Have  you  already  voted  at  this  general  election  in 
respect  of  a  residence  qualification? 

2.  In  the  case  of  a  man  voting  in  respect  of  a  qualifica- 
tion other  than  a  residence  qualification- 
Have  you  already  voted  at  this  general  election  in 

respect  of  a  qualification  other  than   a  residence 
qualification  ? 

3.  In  the  case  of  a  woman  voting  at  an  election   other 
than  a  university  election — 

Have  you  already  voted  at  this  general  election? 

[NOTE. — Unless  the  answer  to  the  question  is  in 
the  negative  the  woman  shall  not  vote  unless  she 
satisfies  the  presiding  officer  that  her  previous  vote 
was  given  at  a  university  election.] 

Declarations  at  University  Election  (q) . 
(Applicable  only  at  a  General  Election.) 

(In  the  case  of  a  man) — "  I  have  not  voted  at  this 
general  election  in  respect  of  any  qualification  other  than 
a  residence  qualification." 

(In  the  case  of  a  woman) — "  I  have  not  voted  at  this 
general  election  for  any  other  university  constituency." 

(p)  See  sect.  22  (2),  set  out  on  p.    165,  supra,  and  see  also 
pp.  167 — 172,  $upra. 
(q)  See  p.  172,  supra. 


VOTING  BY  PROXY. 

THIRD  SCHEDULE.  Section  23 

PROVISIONS  AS  TO  VOTING  BY  PROXY  (r) . 

1 .  A  proxy  must  be  appointed  by  means  of  a  proxy 
paper  issued  to  the  elector,  or  to  some  person  on  behalf  of 
the  elector,  or  to  the  person  appointed  as  proxy,  by  the 
registration  officer  of  the  constituency  in  which  the  elector 
is  registered,  on  an  application  made  or  authorised  by  the 
elector  in  accordance  with  regulations  (s)  under  this  Act. 

2.  After  a  proxy  paper  for  any  constituency  has  been 
issued  in  accordance  with  this  Act,  the  elector  shall,  unless 
the  proxy  paper  is  cancelled  in  accordance  with  this  Act, — 

(a)  be  entitled  to  vote  by  proxy  in  that  constituency; 

and 

(b)  be  prohibited  from  voting  otherwise  than  by  proxy 

in  that  constituency; 

until  the  time  for  which  the  proxy  paper  is  in  force  has 
expired. 

3 .  It  shall  be  the  duty  of  the  registration  officer,  on  any 
application  for  a  proxy  paper,  to  issue  a  proxy  paper  to 
the  applicant,  or  to  some  person  on  his  behalf,  or  to  the 
person  appointed  as  proxy,  if  he  is  satisfied  that  the  appli- 
cant is  registered  on  the  parliamentary  register  of  electors 
for  the  constituency  in  respect  of  which  the  application 
is  made,  and  is,  at  the  time  of  the  application,  entitled 
to  appoint  a  proxy  (t). 

4.  A  proxy  paper  shall  remain  in  force  only  so  long 
as  the  parliamentary  register  of  electors  which  is  in  force 
at  the  time  the  proxy  paper  ie  issued  remains  in  force  (u) : 

Provided  that  a  proxy  paper  issued  during  the  con- 
tinuance of  the  present  war,  or  a  period  of  twelve  months 
thereafter,  shall  remain  in  force  until  the  termination  of 

(r)  See  sect.  23  (4)  (d),  set  out  on  p.  176,  supra, 
(s]  For  these  regulations,   see   the  Proxy  Paper  Order,   1918, 
p.  754  et  seq. 

(0  See  sect.  23  (4),  pp.  174-?- 176,  supra. 
(M)  See  sect.  11,  set  out  on  p.  125,  supra. 


360  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

that  period,  so  long  as  the  elector  continues  to  be  regis- 
tered and  the  proxy  paper  is  not  cancelled. 

5 .  A  person  shall  not  be  appointed  as  proxy  under  this 
Act,  unless  the  person  appointed  is  the  wife,  husband, 
parent,  brother,  or  sister  of  the  elector,  or  is  registered 
as  a  parliamentary  elector  for  the  constituency  or  one  of 
the  constituencies  in  which  the  elector  is  registered: 

Provided  that  the  brother  or  sister  shall  not  be  capable 
of  being  appointed  proxy  unless  of  full  age  (w). 

6.  An  elector  shall  not  appoint  more  than  one  person 
as  proxy  to  vote  on  his  behalf  in  the  same  constituency, 
and  in  any  case  not  more  than  two  persons  (x). 

7 .  A  person  shall  not  vote  as  proxy  on  behalf  of  more 
than  two  absent  voters  at  an  election  in  any  constituency, 
unless  that  person  is  voting  as  the  husband  or  wife,  or 
the  parent,  brother,  or  sister  of  the  absent  voter. 

8.  A   registration   officer  shall  keep   a   list  of   absent 
voters  (y)  entitled  to  vote  by  proxy  in  any  constituency 
within  his.  area,  and  of  the  persons  entitled  to  vote  as 
proxies,  and  that  list  shall  be  open  to  inspection  during 
business  hours  at  some  convenient  place  named  by  the 
registration  officer  in  the  constituency. 

A  registration  officer  shall,  on  the  application  of  any 
person,  allow  that  person  to  take  extracts  from,  or,  on  pay- 
ment of  the  prescribed  fee  (z),  supply  to  that  person  copies 
of  the  list. 

9.  The  Ballot  Act,  1872  (a),  and  any  other  Act  regu- 
lating the  holding  of  parliamentary  elections  (&),  including 

(«)  See  p.  4,  supra. 

(x)  See  sect.  8  (1),  set  out  on  pp.  100—101,  supra, 
(y)  See  First  Schedule,  Rules  16,  17,  pp.  345—346,  supra. 
(z)  For  this  fee,  see  Order  in  Council  of  June  4th,  1918,  rule  2, 
p.  748,  and  Second  Schedule,  p.  751,  infra. 

(a)  See  p.  672  tt  seq. 

(b)  This  would  include  the  Corrupt  and  Illegal  Practices  (Preven- 
tion) Acts,  1883  and  1895,  and  the  present  Act. 


VOTING  BY  PROXY. 

any  provisions  imposing  penalties  (c)  in  connection  with 
voting  at  those  elections,  shall  apply  to  persons  voting 
as  proxies  in  pursuance  of  this  Act  as  they  apply  to  voters, 
however  described  in  those  Acts,  with  such  modifications 
as  may  be  prescribed  (d)  for  the  purpose  of  adapting  the 
provisions  of  those  Acts  to  voting  by  proxy;  and  any  pro- 
visions of  those  Acts  imposing  penalties  for  offences  in 
connection  with  ballot  papers  or  the  official  mark  on  a 
ballot  paper  may  be  applied  by  the  regulations  (e)  to  proxy 
papers  and  any  official  mark  on  a  proxy  paper. 
10.  If  any  person — 

(a)  who  is  for  the  time  being  entitled  to  vote  by 

proxy  (/)  in  a  constituency  under  this  Act, 
himself  votes  or  attempts  to  vote  at  any  parlia- 
mentary election  in  that  constituency  other- 
wise than  by  means  of  the  proxy  paper,  while 
the  proxy  paper  is  in  force;  or 

(b)  votes  or  attempts  to  vote  as  proxy  on  behalf  of 

more  than  two  absent  voters  at  an  election 
in  any  constituency  unless:  that  person  is  voting 
as  the  husband  or  wife,  or  the  parent,  brother, 
or  sister  of  the  absent  voter;  or 

(c)  votes  or  attempts  to  vote  at  any  election  under 

the  authority  of  a  proxy  paper  when  he  knows 
or  has  reasonable  grounds  for  supposing  that 
the  proxy  paper  has  been  cancelled,  or  that 
the  elector  to  whom  or  on  whose  behalf  the 
proxy  paper  has  been  issued  is  dead  or  no 
longer  entitled  to  vote  at  that  election ; 
that  person  shall  be  guilty  of  an  illegal  practice  (g)  within 

(c)  See  pp.  285—286,  287—292,  heading  (3)  on  pp.  294—295,  and 
heading  (12)  on  p.  298,  supra. 

(d)  Up  to  the  time  of  going  to  press  no  such  modifications  have 
been  prescribed. 

(e)  These  regulations  have  not  at  the  time  of  going  to  press  been 
made. 

(/)  See  sect.  23  (4),  set  out  on  pp.  174—176,  supra, 
(g)  See  p.  299,  supra. 


362  REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 

the  meaning  of  the  Corrupt  and  Illegal  Practices  Preven- 
tion Act,  1883,  and  the  expression  "  illegal  practice  "  shall 
be  construed  accordingly:  Provided  that  the  court  before 
whom  a  person  is  convicted  under  this  provision  may,  if 
they  think  it  just  in  the  special  circumstances  of  the  case, 
mitigate  or  entirely  remit  any  incapacity  imposed  by 
section  ten  of  the  Corrupt  and  Illegal  Practices  Prevention 
Act,  1883  (A). 

11.  A  ballot  paper  shall  not  be  delivered  to  a  person 
who  claims  to  vote  as  proxy  for  the  purpose  of  so  voting 
unless  he  produces  the  proxy  paper  to  the  presiding  officer 
at  the  polling  station,  and  such  questions  may  be  asked  of 
any  person  at  a  parliamentary  election  who  claims  to  vote 
as  proxy  for  any  elector   (in  addition  to  those  already 
authorised  to  be  asked  (£))  as  may  be  prescribed  (fc). 

12.  Stamp  duty  shall  not  be  chargeable  on  any  proxy 
paper  under  this  Act. 

13.  A  proxy  paper  may  be  cancelled  by  an  elector  by 
giving  notice  to  the  registration  officer  in  the  prescribed 
form  (Z). 

14.  A  notice  cancelling  a  proxy  paper  shall  not  take 
effect  as  respects  any  election  unless  it  is  received  by  the 
registration  officer  before  the  day  of  nomination  (ra) . 

15 .  In  the  application  of  this  schedule  to  Scotland  the 
expression  "  the  registration  officer  of  the  constituency  in 
which  the  elector  is  registered  "  means  "  the  registration 
officer  of  the   registration  area  in  which   the   elector   is 
registered." 

(/»)  See  p.  299,  supra, 
(i)  See  pp.  167 — 172,  supra. 

(k)  At  the  time  of  going  to  press  these  questions  have  not  been 
prescribed. 

(1}  For  this  form,  see  p.  757,  infra. 
(m)  See  pp.  179—180,  supra. 


MAXIMUM  SCALE  OF  ELECTION  EXPENSES. 


FOURTH  SCHEDULE.  Se<!tiou  S3  (l). 

PROVISIONS  TO  BE  SUBSTITUTED  FOR  PART  IV.  OF  THE 
FIRST  SCHEDULE   TO    46  &  47    VICT.    c.  51,    AND 

FOR     PARAGRAPH    (3)     OF     PART     V.     OF     THE     SAME* 

SCHEDULE  (n) . 

Maximum  Scale. 

The  expenses  mentioned  above  in  Parts  I.,  II.,  and 
III.  of  this  schedule,  other  than  personal  expenses  and  the 
fee,  if  any,  paid  to  the  election  agent  (not  exceeding  in 
the  case  of  a  county  election  seventy-five  pounds  and  of  a 
borough  election  fifty  pounds,  without  reckoning  for  the 
purposes  of  that  limit  any  jpart  of  the  fee  which  may  have 
been  included  in  the  expenses  first  above  mentioned)  shall 
not  exceed  an  amount  equal — 

in  the  case  of  a  county  election  to  sevenpence  for  each 

elector  on  the  register; 
in  the  case  of  an  election  for  a  borough  to  fivepence  for 

each  elector  on  the  register. 

Where  there  are  two  or  more  joint  candidates  at  an 
election,  the  maximum  amount  of  expenses  mentioned  in 
Parts  III.  and  IV.  of  this  schedule  shall,  for  each  of  the 
joint  candidates,  be.  the  amount  produced  by  multiplying 
a  single  candidate's  maximum  by  one-and-a-half  and 
dividing  the  result  by  the  number  of  joint  candidates. 

(n)  See  sect.  33  (1).  set  out  on  p.  223,  sapra. 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 


Section  36(1).  FIFTH   SCHEDULE. 

PART  I.  —  PROVISIONS  AS  TO  UNIVERSITY  ELECTIONS  OTHER 
THAN  SCOTTISH  UNIVERSITY  ELECTIONS  (o)  . 

E&twning  Officer. 
I  .  The  returning  officer  shall  be  — 

(a)  in  the  case  of  the  Oxford,  Cambridge,  and  London 

University  constituencies  respectively  the  Vioe- 
Chancellor  of  the  university; 

(b)  in  the  case  of  the  Dublin  University  Constitu- 

ency, the  Provost  of  Trinity  College; 

(c)  in  the  case  of  the  combined  English  university 

constituency,  the  Vice-Chancellor,  Principal, 
or  Corresponding  Officer  of  such  university, 
being  one  of  the  combined  universities  as  may 
be  from  time  to  time  appointed  by  the  Board 
of  Education  for  that  purpose;  and 

(d)  in  the  case  of  the  constituency  of  the  University 

of  Wales,  the   Vice-Chancellor   of    the    uni- 

versity; 

and  the  writ  for  any  election  of  a  member  or  members  for 
Parliament  for  a  university  constituency  shall  be  directed 
to  the  returning  officer  of  that  constituency  . 

2.  It  shall  be  the  duty  of  the  returning  officer  to  make 
all  arrangements  for  the  election,  including  arrangements 
for  the  nomination  of  candidates  (p),  and  the  poll  (q)  and 
counting  of  votes  (r),  and  to  certify  the  result  of  the  elec- 
tion in  pursuance  of  the  writ. 

(o)  See  sect.  36  (1),  set  out  on  p.  279,  supra. 
(p)  See  clauses  3  to  8,  pp.  365—366,  infra. 
(9)  See  clauses  9  to  18,  pp.  366—368,  infra. 
(r)  See  clauses  19  to  22,  24,  pp.  368—369,  infra. 


UNIVERSITY  ELECTIONS. 

Nomination. 

3 .  The  nomination  shall  take  place  on  such  day  and  at 
such  time  and  place  as  may  be  fixed    by  the    returning 
officer,  being  not  less  than  four  days  and  not  more  than 
twelve  days  after  the  receipt  of  the  writ,  and  the  returning 
officer  shall  give  public  notice  (t)  of  the  day,  time,  and 
place  so  fixed  within  two  days  after  he  receives  the  writ. 

4.  The  candidate  must  be  nominated  in  writing    by 
two  electors  as  proposer  and  seconder  and  by  eight  other 
electors  as  assenting  to  the  nomination,  and  his  nomination 
must  be  delivered  to  the  returning  officer  by  some  elector. 

5.  If,  at  the  expiration  of  the  time  fixed  for  nomina- 
tion,  no  more  candidates  are  nominated  than  there  are 
vacancies  to  be  filled  up,  the  returning  officer  shall  declare 
the  candidates  who  stand  nominated  to   be  elected  and 
certify  the  result  of  the  election  accordingly. 

6.  If,  at  the  expiration  of  the  time  fixed  for  nomina- 
tion, more   candidates   stand   nominated   than   there   are 
vacancies  to  be  filled  up,  the  returning  officer  shall  arrange 
for  a  poll  to  be  taken . 

7.  A  candidate  may  be  withdrawn  in  manner  provided 
by  regulations  (u)  made  under  this  Act,  and  if,  owing  to 
the  withdrawal  of  a  candidate  after  nomination,  a  poll 
becomes  unnecessary,  the  returning  officer  shall  counter- 
mand the  poll  and  declare  any  candidate  elected    whose 
nomination  remains  standing. 

8.  If  one  of  the  candidates  nominated  dies  after  he  has 
been  nominated  and  before  the  commencement  of  the  poll, 
the  returning  officer  shall  countermand  the  poll  and  other 
proceedings  for  the  election  and  commence  the  same  again 
as  if  the  writ  had  been  received  by  him  on  the  day  on 
which  he  is  satisfied  of  the  fact  that  the  death  took  place. 

No  fresh  nomination  shall  be  required  in  the  case  of  a 

(5)  See  clause  31,  p.  371,  infra. 

(t}  These  regulations  have  not  up  to  the  time  of  going  to  press 
been  made. 


REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 

candidate  who  stood  nominated  at  the  time  the  poll  was 
countermanded. 

Poll. 

9.  The  poll  shall  remain  open  for  five  days,  and  shall 
take  place  on  such  days  as  may  be  fixed  by  the  returning 
officer  commencing  not  more  than  twelve  and  not  less  than 
three  clear  days  after  the  day  of  nomination. 

10.  The  returning  officer   shall  appoint  such  polling 
places  as  appear  to  him  to  allow  reasonable  facilities  for 
voting,  and  may  give  special  directions  that  certain  electors 
shall  be  allotted  to  certain  polling  places. 

11.  An  elector  may  vote  at  a  poll  by  the  delivery  of 
a  voting  paper  (signed  by  the  voter  at  any  time  subsequent 
to  the  nomination)  in  the  form  (v)  appended  to  this  part  of 
this  schedule  or  in  a  form  to  the  same  effect  and  accom- 
panied with  a  like  declaration,  or,  unless  the  returning 
officer  directs  to  the  contrary,  in  person,  and  may  so  vote 
at  any  polling  place  if  he  has  not  been  allotted  to  any 
polling  place,  or,  if  he  has  been  so  allotted,  at  any  polling 
place  to  which  he  has  been  so  allotted. 

The  returning  officer  may  give  a  special  direction  that 
votes  shall  not  be  given  in  person  at  the  election,  or  that 
votes  may  be  given  in  person  on  certain  days  of  the  poll 
only. 

12.  A  voting  paper  may  be  delivered  at  a  polling  place 
on  behalf  of  the  voter  by  an  elector,  or  by  being  sent  to  the 
presiding  officer  (#)  at  the  polling  place  by  post,  and  any 
voting  paper  received  by  a  presiding  officer  at  a  polling 
place  at  which  the  elector  may  vote  before  the  close  of  the 
poll  shall  be  counted,  unless  rejected  as  invalid  («/). 

Voting  papers  may  also  be  sent  to  the  returning  officer 
by  post,  and  any  voting  papers  so  received  by  the  return- 

(t)}  Seep.  372,  infra. 

(&)  See  clause  15,  p.  367,  infra. 

(y)  See  pp.  182—200,  supra. 


UNIVERSITY   ELECTIONS.  36*7 

ing  officer  shall  be  sent  by  him  to  the  proper  presiding 
officer. 

13.  The  poll  shall  be  open  for  such  time  between  the 
hours  of  8  a.m.  in  the  morning  and  8  p.m.  in  the  evening, 
not  being  less  than  four  hours,  as  the  returning  officer  may 
direct,  except  that,  if  votes  in  person  are  received,  but  are 
not  received  on  all  the  days  of  the  poll,  six  hours  shall  be 
substituted  for  four  as  respects  the  days  on  which  votes  are 
so  received  as  the  minimum  time  under  this  provision. 

14.  The  returning  officer  skall  give  public  notice  (z)  of 
the  days  and  hours  of  poll  and  of  the  polling  places  ap- 
pointed, and  of  any  special  directions  given  by  him  as  to 
the  days  or  hours  of  poll,  or  the  allotment  of  electors  to 
certain  polling  places,  or  as  to  voting  in  person. 

15.  The   returning   officer    shall   appoint   a   presiding 
officer  for  every  polling  place  at  which  he  does  not  act 
a,s  a  presiding  officer  himself  and  the  presiding  officer  shall 
have  general  control  over  the  arrangements  for  voting  at 
the  polling  place  and   shall   record    the  votes  of   electors 
voting  in  person  and  receive  voting  papers. 

16.  Each  candidate  may  appoint  a  person  to  be  the 
candidate's  representative  at  each  polling  place,  and  a  can- 
didate's representative  may  object  to  any  voting  paper  (a) 
received  at  the  polling  place  or  to  the  vote  of  any  person  (&) 
claiming  to  vote  in  person  at  that  place,  and  the  presiding 
officer  shall  submit  any  such  objection  to  the  returning 
officer  for  decision . 

17.  The  returning  officer  shall  decide  on  the  validity  of 
any  voting  paper  (a)  to  which  objection  is  taken,  or  on  the 
right  of  any  person  to  vote  (&)  in  person,  if  that  right  is 
questioned,  and  the  decision  of  the  returning  officer,  if 
the  voting  paper  or  the  right  to  vote  is  allowed,  shall  be 
final,  but,  if  the  voting  paper  or  the  right  to  vote  is  dis- 

(z)  See  clause  31,  p.  371,  infra. 
(a)  See  pp.  182—200,  supra. 
(&)  See  pp.  167 — 172,  supra. 


368  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

allowed,  shall  be  subject  to  reversal  on  any  proceeding 
questioning  the  election  or  return. 

18.  The  register  kept  in  pursuance  of  this  Act  shall 
be  conclusive  as  to  the  right  of  any  person  to  vote  at  the 
poll;  but  this  provision  shall  not  entitle  any  person  to  vote 
if  that  person  is  subject  to  any  legal  incapacity  (c). 

A  person  shall  not  be  entitled  to  be  placed  on  the  register 
as  a  graduate  until  the  university  authorities  are  satisfied 
that  the  grant  of  the  degree  is  complete  (d). 

Counting  of  Votes. 

19.  After  the  poll  is  closed  all  voting  papers  received 
at  any  polling  place  and  a  record  of  votes  (if  any)  given 
by  electors  in  person  shall  be  placed  in  a  proper  receptacle 
and  sealed  up  and  delivered  to  the  returning  officer,  and  the 
returning  officer  shall,  as  soon  as  practicable  after  the 
receipt  of  the  votes  from  all  the  polling  places,  count  the 
votes  and  publish  (e)  the  result. 

20.  The  voting  papers  counted,  and  the  record  of  votes 
(if  any)  given  by  electors  in  person,  and  any  papers  which 
have  been  rejected  as  invalid  (/)  and  a  list  of  persons  (if 
any)  who  have  tendered  their  votes  in  person  but  who  have 
not  been  allowed  to  vote  (/),  shall  "be  placed  in  separate 
packets,  and  shall  be  kept  by  the  returning  officer  for  a 
period  of  twelve  months  after  the  close  of  the  poll. 

«  21 .  The  returning  officer  shall  give  notice  to  the  candi- 

dates of  the  time  and  place  for  counting  the  votes,  and 
shall  permit  any  candidate  and  a  representative  authorised 

(c)  See  pp.  102—107,  supra. 

(d)  It  is  clear  that  this  provision  in  the  latter  part  of  clause  1& 
cannot  render  nugatory  the  right  expressly  given  by  sect.  4  (2) 
(see  p.  64,  supra)  to  women  who  have  been  admitted  to  and  passed 
the  final  examination,  but  are  not  admitted  by  the  university  to  a 
degree. 

(e)  See  clause  31,  p.  371,  infra. 
(/)  See  clause  16,  p.  367,  supra. 


UNIVERSITY  ELECTIONS.  ,  369 

by  the  candidate  for  the  purpose  to  be  present  at    the 
count. 

No  person  other  than  the  returning  officer,  his 
assistants  and  clerks,  and  the  candidates  and  representa- 
tives so  authorised  shall  be  entitled  to  be  present  at  the 
count  except  with  the  sanction  of  the  returning  officer. 

22.  Where  an  equality  of  votes  is  found  to  exist  between 
any  candidates  on  a  final  count  and  the  addition  of  a  vote 
would  entitle  any  of  those  candidates  to  be  declared  elected, 
the  returning  officer  whether  an  elector  or  not  may  give 
a  deciding  vote,  but  the   returning  officer  shall  not  be 
entitled  to  vote  at  the  election  in  any  other  case. 

Speci-al  Provisions  for  a  Combined  University 
Constituency  (g) . 

23.  In  a  combined  university  constituency  the    Vice- 
Chancellor,  or  the  person  performing  the  duties  of  a  Vice- 
Chancellor,  at  each  university  forming  the  combination, 
shall,  for  the   purpose  of   making    arrangements  for  the 
poll  and  the  holding  of  the  poll,  have  at  the  university 
the   powers   and   perform    the   duties   of   the    returning 
officer  (including  the  power  and  duty  of  deciding  upon 
the  validity  of  voting  papers  (h)  and  the  right  of  a  person 
to  vote  (i) . 

24.  Arrangements  may  be  made  for  counting  votes  at 
an  election  for  a  combined  university  constituency  (0r)  at 
each  of  the  universities  forming  the  combination,  if  the 
transferable  vote  (fc)  is  not  used  at  that  election,  and  for  a 
record  of  the  votes  counted  at  each  university  being  sent  to 
the  returning  officer  for  the  combined  constituency  in  order 
that  he  may  ascertain  and  declare  the  result  of  the  election 

(g)  See  Ninth  Schedule,  Part  III.,  p.  554,  infra. 

(h]  See  pp.  182—200,  supra. 

(i)  See  pp.  102—110,  167—172,  supra. 

(/.-)  See  sect,  20  (1),  p.  155,  and  pp.  158—160,  supra. 

F.  24 


370  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 


General. 

25.  The  returning  officer  shall  appoint  such  deputies 
and  clerks  as  he  may  think  necessary  for  the  proper  holding 
of  the  election,  and  shall  supply  a  form  of  voting  paper  (o) 
to  any  elector  applying  for  such  a  form,  and  shall  supply 
forms  of  nomination  papers. 

The  governing  body  of  the  University  may  designate 
an  officer  of  the  University  to  act  temporarily  as  returning 
officer  in  the  event  of  a  vacancy  in  the  office  of  returning 
officer  or  in  the  event  of  his  incapacity  to  appoint  a  deputy . 

26.  Any  expenses  reasonably  incurred  by  the  returning 
officer  in  connection  with  the  arrangements  for  a   uni- 
versity election  and  the  conduct  thereof  shall  be  repaid  to 
the  returning  officer  by  the  University. 

In  the  case  of  a  combined  University  constituency  (p) 
any  such  expenses  incurred  by  the  Vice-Chancellor  or  corre- 
sponding officer  of  each  University  shall  be  paid  by  the 
University  whose  Vice-Chancellor  or  officer  has  incurred 
the  expenses,  and  any  other  such  expenses  shall  be  paid 
in  equal  shares  by  the  Universities  forming  the  com- 
bination . 

In  the  case  of  a  combined  University  constituency  (p) 
any  candidate's  deposit  which  is  forfeited  (q)  to  the  Uni- 
versity shall  be  retained  by,  or  paid  to,  the  University 
whose  Vice-Chancellor  or  other  officer  is  the  returning 
officer  of  the  combined  constituency  and  applied  by  that 
University  in  the  payment  of  the  expenses  which  are  under 
this  provision  to  be  paid  in  equal  shares  by  the  Universities 
forming  the  combination. 

27 .  A  voting  paper  shall  be  deemed  to  be  a  public  docu- 
ment within  the  meaning  of  subsection  (3)  of  section  four 
of  the  Forgery  Act,  1913,  and  section  five  of  the  Perjury 

(o)  For  form,  see  p.  372,  infra. 

(p)  See  Ninth  Schedule,  Part  III.,  p.  554,  infra. 

(7)  See  sect.  27,  pp.  208—210,  supra. 


UNIVERSITY  ELECTIONS. 

Act,  1911,  applies  to  any  declaration  or  statement  made 
in  the  voting  paper. 

28.  A  voting  paper  shall  not  be  liable  to  stamp  duty. 

29.  If   any  person,  for   the  purpose   of   enabling   an 
elector  to  vote  at  a  university  election,  corruptly  pays  on 
his  behalf  any  fees  which  the  elector  is  required  to  pay 
in  order  to  be  registered  or  entitled  to  vote,  he  shall  be 
guilty  of  an  illegal  practice  (r)  within  the  meaning  of  the 
Corrupt  and  Illegal  Practices  Prevention  Act,  1883,  and 
that  Act  shall  apply  accordingly. 

30.  In  reckoning  time  for  the  purpose  of  the  provisions 
in  this  Schedule,  Sunday,  Christmas  Day,  Good  Friday, 
and  any  day  set  apart  as  a  bank  or  public  holiday  or  day 
of  public  fast  or  public  thanksgiving  shall  be  excluded; 
and  where  anything  is  required  by  these  provisions  to  be 
done  on  any  day  falls  to  be  done  on  any  such  day  that 
thing  may  be  done  on  the  next  day  not  being  one  of  any 
such  days. 

31 .  If  regulations  (5)  are  made  under  this  Act  as  to  the 
manner  in  which  public  notice  is  to  be  given  under  the 
provisions  of  this  Schedule,  public  notice  shall  be  given 
in  manner  directed  under  any  such  regulations  for  the 
time  being  in  force,  and  if  no  such  regulations  are  in  force 
shall  be  given  in  such  manner  as  the  Returning  Officer 
considers   best   fitted   for  giving   notice   to   the   persons 
concerned . 

32.  An  election  shall  not  be  declared  invalid  by  reason 
of  non-compliance  with  these  provisions  if  it  appears  to 
the  tribunal  cognisant  of  the  case  that  the  election  was  con- 
ducted in  accordance  with  the  principle  of  these  provisions 
and  that  the  non-compliance  with  these  provisions  did  not 
affect  the  result  of  the  election. 

(r)  See  p.  166,  supra. 

(«)  No  such  regulations  have  been  made  up  to  the  time  of  going 
to  press. 

24  (2) 


372  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Farm  of  Voting  Paper. 

I,  A.  B.  (here  give  the  elector's  name  in  full, 

with  his  university  degree  and  college,  if  any],  give  my 
vote  as  indicated  below: — 


•Candidates. 

Order  of  Preference. 

A 

B 

C 

D 

I  declare  that  I  have  signed  no  other  voting  paper  and 
have  not  voted  in  person  at  this  election  for  the  university 
constituency  of 
f  I  also  declare — 

(In  the  case  of  a  man)  that  I  have  not  voted  at 
this  general  election  in  respect  of  any  qualifi- 
cation other  than  a  residence  qualification ; 
(In  the  case  of  a  woman)  that  I  have  not  voted  at 
this  general  election  for  any  other  university 
constituency  (t) . 

Signed         A.  B. 
Address 

The  day  of  19     . 

I  declare  that  this  voting  paper  (the  voting  paper  having 
been  previously  filled  in),  was  signed  in  my  presence  by 
A.  B.?  who  is  personally  known  to  me,  on  the  day 

of  19     . 

Signed         O.D. 
Address 

*  This  form  will  require  modification  where  the  transferable  vote 
is  not  used  at  the  election. 

t  This  declaration  is  to  be  made  only  at  a  general  election. 


(0  See  Second  Schedule,  Part  II.,  p.  358,  supra. 


UNIVERSITY  ELECTIONS  (.SCOTLAND). 

PART  II. 

PROVISIONS  AS  TO  SCOTTISH  UNIVERSITY  ELECTIONS  (w) . 
Returning  Officer. 

1.  The   returning   officer  for  the    combined    Scottish 
University  constituency  shall  be  the  Vice-Chancellor  of 
the  University  of  Edinburgh,  to  whom  the  writ  for  any 
election  of  a  member  or  members  of  Parliament  for  that 
constituency  shall  be  directed. 

2.  It  shall  be  the  duty  of  the  returning  officer  to  make 
all  arrangements  for  the  election,  including  arrangements 
for  the  nomination  of  candidates  (v),  and  (where  a  poll  is 
necessary)  for  the  poll  (x)  and  counting  of  votes  (y\  and  to 
certify  the   result   of  the  election   in   pursuance   of   the 
writ. 

3.  The  returning  officer  shall  give  notice  to  the  candi- 
dates of  the  days  fixed  for  the  poll  and  of  the  time  and 
place  for  counting  the  votes,  and  any  candidate  and  an 
agent  appointed  by  any  candidate  for  the  purpose  may 
be  present  at  the  poll  and  the  count. 

No  person  other  than  the  returning  officer,  his  assistants 
and  clerks,  and  the  candidates  and  their  agents  shall  be 
entitled  to  be  present  at  the  count  except  with  the  sanction 
of  the  returning  officer. 

Nomination. 

4 .  The  nomination  shall  take  place  on  such  day  and  at 
such  time  and  place  as  may  be  fixed  by  the  returning 
officer,  being  not  less  than  four  days  and  not  more  than 
eight  days  after  the  receipt  of  the  writ,  and  the  returning 


(a)  See  sect.  36  (1),  set  out  on  p.  279,  supra. 
(y)  See  clauses  4  to  9,  infra. 
(x)  See  clauses  10  to  26,  pp.  374—380,  infra. 
(y)  See  clauses  27,  28,  p.  380,  infra. 


374  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

officer  shall  give  public  notice  (a)  of  the  day,  time,  and 
place  so  fixed  within  three  days  after  he  receives  the  writ. 

5 .  The  candidate  must  be  nominated  in  writing  by  two 
electors  as  proposer  and  seconder  and  by  eight  other  electors 
as  assenting  to  the  nomination,  and  his  nomination  must 
be  delivered  to  the  returning  officer  by  some  elector. 

6.  If,  at  the  expiration  of  the  time  fixed  for  nomination, 
no  more  candidates  are  nominated  than  there  are  vacancies 
to  be  filled  up,  the  returning  officer  shall  declare  the  candi- 
dates who  stand  nominated  to  be  elected  and  certify  the 
result  of  the  election  accordingly. 

7.  If,  at  the  expiration  of  the  time  fixed  for  nomination, 
more  candidates  stand  nominated  than  there  are  vacancies 
to  be  filled  up,  the  returning  officer  shall  arrange  for  a 
poll  to  be  taken . 

8.  A  candidate  may  be  withdrawn  in  manner  provided 
by  regulations  (6)  made  under  this  Act,  and  if,  owing  to  the 
withdrawal  of  a  candidate  after  nomination,  a  poll  becomes 
unnecessary,  the  returning  officer  shall  countermand  the 
poll  and  declare  any  candidate  elected  whose  nomination 
remains  standing. 

9 .  If  one  of  the  candidates  nominated  dies  after  he  has 
been  nominated  and  before  the  commencement  of  the  poll, 
the  returning  officer  shall  countermand  the  poll  and  other 
proceedings  for  the  election  and  commence  the  same  again 
as  if  the  writ  had  been  received  by  him  on  the  day  on  which 
he  is  satisfied  of  the  fact  that  the  death  took  place. 

No  fresh  nomination  shall  be  required  in  the  case  of  a 
candidate  who  stood  nominated  at  the  time  the  poll  was 
countermanded. 

Poll. 

10.  The  poll  shall  remain  open  for  not  less  than  four 
dayB  nor  more  than  six  days,  and  shall  take  place  on  such 

(a)  See  clause  37,  p.  382,  infra. 

(6)  These  regulations  have  not  been  made  up  to  the  time  of  going 
to  press. 


UNIVERSITY  ELECTIONS  (SCOTLAND).  375 

days  as  may  be  fixed  by  the  returning  officer,  commencing 
not  more  than  twenty  and  not  less  than  twelve  clear  days 
after  the  day  of  nomination. 

11.  The  poll  at  each  University  shall  be  open  at  such 
place  and  for  such  time  each  day  between  the  hours  of 
8  a.m.  and  8  p.m.,  not  being  less  than  four  hours,  as  the 
Vice-Chancellor  of  the  University  may  direct. 

12.  The  Vice-Chancellor  of  each  University  shall  give 
public  notice  (c)  of  the  days  and  hours  of  poll  and  of  the 
polling  place  appointed. 

13.  The  Vice-Chancellor  of  each  University  shall  at  the 
University  act  as  presiding  officer  and  shall  have  general 
control  over  the  arrangements  for  the  conduct  of  the  poll 
at  such  University. 

14.  No  person  other  than  the  Vice-Chancellor,  the  regis- 
trar, their  assistants  and  clerks,  and  the  candidates  and 
their  agents  shall  be  entitled  to  be  present  at  the  poll  except 
with  the  sanction  of  the  Vice-Chancellor. 

15.  The  Vice-Chancellor  of  each  University  shall    as 
regards   the   voting   papers  relating   to   such   University 
decide  on  the  validity  of  any  voting  paper  (d)  to  which  ob- 
jection is  taken,  or  on  the  right  of  any  person  to  vote  (e), 
and  the  decision  of  the  Vice-Chancellor,  if  the  voting  paper 
or  the  right  to  vote  is  allowed,  shall  be  final,  but,  if  the 
voting  paper  or  the  right  to  vote  is  disallowed,  shall  be 
subject  to  reversal  on    any  proceeding    questioning    the 
election  or  return. 

16.  The  register  kept  in  pursuance  of  this  Act  by  the 
University  Court  shall  be  conclusive  as  to  the  right  of  any 
person  to  vote  at  the  poll;    but  this  provision  shall  not 
entitle  any  person  to  vote  if  that  person  is  subject  to  any 
legal  incapacity  (/) . 

(c)  See  clause  37,  p.  382,  infra. 

(d)  See  pp.  182—200,  supra. 

(e)  See  pp.  102—110,  167—172,  supra. 
(/)  See  pp.  4—8,  67—68,  supra. 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

17.  Votes  shall  be  given  by  means  of  voting  papers, 
and  no  elector  shall  be  allowed  to  vote  in  person,  or  in  any 
other  way  than  is  herein  provided.   Each  voting  paper  .shall 
be  in  the  form  (A)  appended  to  this  Schedule  (#).     Each 
voting  paper  shall  have  a  number  printed  or  written  on 
the  back  thereof,  and  shall  have  attached  a  counterfoil 
with  the  same  number  printed  or  written  on  the  face. 
Before  a  voting  paper  is  issued  to  an  elector  as  herein- 
after provided,  it  shall  be  marked  with  an  official  mark, 
either  stamped  or  perforated,  and  the    number  of  such 
elector,  as  stated  on  the  register  shall  be  marked  on  the 
counterfoil,  and  a  mark  shall  be  placed  in  the  register 
or  any  copy  thereof  used  for  the  purposes  of  the  election 
against  the  number  of  the  elector  to  denote  that  a  voting 
paper  has  been  issued  to  him. 

18.  The  registrar  of  each  University,  as  soon  as  he  con- 
veniently can  after  the  day  of  nomination  (A),  and  not  later 
than  eight  clear  days  thereafter,  shall  issue  through  the 
post  a  voting  paper,  in  the  form  (A)  appended  to    this 
Schedule  (#),  to  each  elector  to  his  address  as  entered  on  the 
register  who  shall  appear  from  said  address  to  be  resident 
within  the  United  Kingdom  or  the  Channel  Islands;  and 
such  voting  paper  (the  Christian  name,  surname,  desig- 
nation, and  residence  of  the  elector  as  appearing  on    the 
register  having  previously  been  filled  in  by  the  registrar,  or 
some  one  having  his  authority),  contained  in  an  envelope 
marked  on  the  outside  as  sent  by  the  registrar  of  the  Uni- 
versitj^,  shall  be  accompanied  by  a  letter  of  intimation  in 
the  form   (B)  appended  to  this  schedule  (£),    and    by    a 
stamped  envelope  addressed  to  the  registrar,  for  the  return 
of  the  said  voting  paper;  and  each  elector,  upon  receipt  of 
his  voting  paper,  if  he  desires  to  vote  in  the  election,  shall 
record  his  vote  thereon,  and  the  place  and  date  of  signa- 

(0)  For  form,  see  pp.  383—384,  infra. 
(A)  See  clause  4,  pp.  373—374,  supra. 
(0  For  form,  see  p.  384,  infra. 


UNIVERSITY  ELECTIONS  (SCOTLAND).  377 

ture,  and  affix  his  subscription  thereto,  in  the  presence  of 
one  witness,  who  shall  personally  know  the  elector,  and 
who  shall  attest  the  fact  of  such  voting  paper  having  been 
signed  by  the  elector  in  his  presence  at  the  place  therein 
mentioned,  by  signing  his  name  at  the  foot  thereof,  and 
adding  his  designation  and  place  of  residence  in  the  form 
or  to  the  effect  set  forth  in  the  form  (A)  appended  to  this 
schedule  (&). 

19.  Thereafter  the  voting  paper  so  signed  and  attested 
as  aforesaid,  shall,  if  the  elector  desires  to  vote  in  the 
election,  be  returned  through  the  post  to  the  registrar  of 
the  University  by  whom  it  was  issued,  so  as  to  reach  him 
not  later  than  the  time  specified  in  the  said  letter  of  inti- 
mation for  the  return  of  the  voting  paper.     Each  voting 
paper,  when  received  back  by  the  registrar,  shall  be  kept 
by  him  unopened  in  a  fireproof  safe,  or  other  place  of 
safety,  until  the  poll  begins. 

20 .  If  an  elector,  before  or  after  he  has  received  a  voting 
paper,  shall  intimate  or  cause  to  be  intimated  in  writing 
to  the  registrar  that  he  is  incapacitated  from  blindness  or 
other  physical  cause  to  vote  in  the  manner  prescribed  by 
this  Act,  it  shall  be  lawful  for  the  registrar,  on  getting 
back  the  voting  paper  from  the  elector,  if  such  has  been 
issued,  to  issue  to  the  elector  so  incapacitated  a  voting 
paper  in  the  form  or  to  the  effect  set  forth  in  the  form  (C) 
appended  to  this  schedule  (7);   and  on  said  voting  paper 
being  received  by  the  elector,  it  shall  be  competent  for  him 
to  record  his  vote  by  the  hand  of  a  justice  of  the  peace  in 
the  manner  therein  directed;  and  the  said  justice  of  peace 
shall  certify  and  attest  the  fact  of  his  having  been  re- 
quested and  authorised  by  the  elector  to  sign  said  voting 
paper  for  him,  and  of  its  having  been  so  signed  by  him 
in  the  presence  of  the  elector  by  signing  an  attestation  in 
the  form    (C)  aforesaid;    and  such    voting  paper,   when 

(A-)  For  form,  see  pp.  383—384,  infra. 
(1}  For  form,  see  pp.  385—386,  infra. 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

received  by  the  registrar,  shall  have  the  same  effect  and 
be  similarly  dealt  with  as  a  voting  paper  signed  by  an 
elector  in  the  form  (A)  appended  to  this  schedule  (n) . 

21.  An  elector  who  has  not  received  a  voting  paper 
sent  by  post  as  aforesaid  to  his  address  as  appearing  on 
the  register,  or  who  has  before  re-delivery  thereof  to  the 
registrar,  inadvertently  spoilt  his  voting  paper  in  such 
manner  that  it  cannot  be  conveniently  used  as  a  voting 
paper,  or  who  has  lost  his   voting  paper,   may,   on    his 
transmitting  to  the  registrar  a  declaration  signed  by  him- 
self before  a  justice  of  the  peace  setting  forth  the  fact  of 
the  non-receipt,  the  inadvertent  spoiling,  or  the  loss  of 
the  voting  paper,  require  the  registrar  to  send  him  a  new 
voting  paper  in  place  of  the  one  not  received,  or  spoilt, 
or  lost;  and  in  case  the  voting  paper  has  been  spoilt,  the 
spoilt  voting  paper  shall  be  returned  to  the  registrar,  and 
when  received  by  him  shall  be  immediately  cancelled,  and 
in  every  case  where  a  new  voting  paper  is  issued  a  mark 
shall  be  placed  opposite  the  number  of  the  elector's  name 
on  the  register,  to  denote  that  a  new  voting  paper  has  been 
issued  in  place  of  the  one  not  received,  or  spoilt,  or  lost. 

22.  An  elector  who  does  not  appear  from  his  address 
as  entered  on  the  register  to  be  resident  within  the  United 
Kingdom  or  the  Channel  Islands,  may  apply  in  writing 
to  the  registrar  to  send  a  voting  paper  to  him  to  an  address 
within  the  United  Kingdom  or  the  Channel  Islands. 

23.  The  registrar,  upon  receiving   an    application    in 
terms  of  either  of  the  two  preceding  provisions  hereof  at 
any  time  before  the  day  on  which  the  poll  begins,  shall 
forthwith  transmit  a  new  voting  paper,  or  a  voting  paper, 
as  the  case  may  be,  to  the  address  as  appearing  on  the 
register,  or  to  the  address  within  the  United  Kingdom  or 
Channel  Islands  as  the  case  may  be:   Provided  that    the 
registrar  shall  open  all  letters  coming  addressed  to  him 

(n)  For  form,  see  pp.  383— fc84,  infra. 


UNIVERSITY  ELECTIONS  (SCOTLAND). 

from  the  Dead  Letter  Office  after  the  date  of  his  issuing 
the  voting  papers,  in  order  to  ascertain  and  make  public 
the  names  and  addresses  of  the  electors  whose  voting  papers 
have  not  reached  them,  which  he  shall  do  by  exhibiting 
publicly  at  his  office  in  the  University  as  they  reach  him 
a  list  of  the  names  and  addresses  of  the  electors  whose 
letters  have  been  returned  to  him  from  the  Dead  Letter 
Office,  for  the  information  of  >all  concerned . 

24.  When  the  poll  begins,  the  voting  papers  shall  be 
opened  and  examined  by  the  registrar  in  the  presence  of 
the  Vice-Chancellor  and  any  candidate  or  agent  of  a  candi- 
date who  may  attend,  and  the  voting  papers  found  to  be 
marked  with  the  official  mark  and  the  number  on  the 
back   as   appearing    on   the  counterfoil,    and    otherwise 
regular,  shall  be  put  apart  until  the  end  of  the  poll.    Any 
voting  paper  which  has  not  the  official  mark   and  the 
number  on  the  back  as  appearing  on  the  counterfoil,  or 
which  is  in  the  opinion  of  the  Vice-Chancellor  otherwise 
invalid,  shall  not  be  counted  as  a  vote  in  the  election,  but 
shall  be  sealed  up  in  a  paper  apart,  marked  on  the  back 
thereof  with  the  words  "  voting  papers  received  but  dis- 
allowed," and  initialled  by  the  Vice-Chancellor. 

25 .  It  shall  be  lawful  for  any  candidate  or  the  agent  of 
any  candidate  who  may  be  in  attendance  at  the  poll,  to 
inspect  any  voting  paper  and  to  object  to  it  on  one  or 
more  of  the  following  grounds:  — 

(1)  That  the  elector  named  in  the  voting  paper  lias 

already  voted  at  that  election: 

(2)  That  the  person  giving  a  vote  by  the  voting  paper 

is  not  qualified  to  vote: 

(3)  That  the  voting  papor  is  forged  or  falsified: 

(4)  That  the  voting  paper  is  wanting  in  any  of    the 

essential  conditions  required  by  this  Act: 

Provided,  that  in  case  the  objection  offered  to  any  voting 
paper  shall  be  that  it  is  forged  or  falsified,  such  voting 
paper  shall  not  on  that  ground  alone  be  disallowed  by  the 


380  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

Vice-Chancellor,  but  he  shall  write  upon  it,  "  objected  to 
as  forged,"  or,  "objected  to  as  falsified,"  together  with 
the  name  of  the  person  making  such  objection. 

26.  No  voting  paper  shall  be  counted  which  does  not 
reach  the  registrar  before  ten  of  the  clock  on  the  morning 
of  the  day  on  which  the  poll  closes. 

Counting  of  Votes. 

27.  After  the  poll  is  closed  all  voting  papers  received 
at  any  polling  place  shall  be  placed  in  a  proper  receptacle 
and  sealed  up  and  delivered  to  the  returning  officer,  and 
the  returning  officer  shall,  as  soon  as  practicable  after  the 
receipt  of  the  votes  from  all  the  polling  places,  count  the 
votes  and  publish  (o)  the  result. 

28 .  Where  an  equality  of  votes  is  found  to  exist  between 
any  candidates  on  a  final  count  and  the  addition  of  a  vote 
would  entitle  any  of  those  candidates  to  be  declared  elected, 
the  returning  officer  may  give  a  deciding  vote,  but  the 
returning  officer  shall  not  be  entitled  to  vote  at  the  election 
in  any  other  case. 

General. 

29.  Arrangements  may  be  made  for  counting  votes  at 
an  election  for  the  combined  university  constituency  at 
each  of  the  universities  forming  the  combination,  if   the 
transferable  vote  (p)  is  not  used  at  that  election,  and  for  a 
record  of  the  votes  counted  at  each  University  being  sent 
to  the  returning  officer  for  the  combined  constituency  in 
order  that  ho  may  ascertain  and  declare  the  result  of  the 
election . 

30.  The  returning  officer  shall  appoint  such  deputies 
and  clerks  as  he  may  think  necessary  for  the  proper  holding 
of  the  election,  and  shall  supply  forms    of    nomination 
papers. 

(o)  See  clause  37,  p.  382,  infra. 

(p]  See  sect.  20  (1),  p.  155,  and  pp.  158—160,  supra. 


UNIVERSITY  ELECTIONS  (SCOTLAND).  381 

31.  All  voting  papers  received  and  counted  at  an  elec- 
tion, and  the  counterfoils  thereof,  as  well  as  any  voting 
papers  disallowed  for  informality,  or  on  any  other  ground, 
and  the  counterfoils  thereof,  shall  be  filed,  and,  along  with 
any  copy  of  the  register  used  for  the  purposes  of  said 
election,  shall  be  kept  by  the  returning  officer  for  a  period 
of  twelve  months  after  the  closing  of  the  poll. 

32.  Any  person  falsely   or  fraudulently   signing   any 
voting  paper  in  the  name  of  any  other  person,  either  as 
a  voter  or  as  a  witness,  and  every  person  signing,  certi- 
fying, attesting,  or  transmitting  as  genuine  any  false  or 
falsified  voting  paper,  knowing  the  same  to  be  false  or 
falsified,  or   with   fraudulent    intent   altering,    defacing, 
destroying,  withholding,  or  obstructing  any  voting  paper, 
shall  be  guilty  of  a  crime  and  offence,  and  shall  be  punish- 
able by  fine  or  imprisonment  for  a  term  not  exceeding 
one  year. 

33.  No  such  voting  paper  as  herein-before  mentioned 
shall  be  liable  to  any  stamp  duty. 

34.  Any   expenses  reasonably   incurred  by  the  Vice- 
Chancellor   of   each   University  in   connection    with   the 
arrangements  for  an  election  shall  be  repaid  to  him  by 
that  University:  Provided  that  any  expenses  so  incurred 
by  the  returning  officer  in  connection  with  the  nomination 
and  the  counting  of  votes  shall  be  paid  in  equal  shares  by 
the  four  Universities  forming  the  constituency. 

35.  If  any  person,  for  the  purpose  of  enabling  any 
other  person  to  vote  at  a   university  election,  corruptly 
pays  on  his  behalf  any  fees  which  such  other  person  is 
required  to  pay  in  order  to  be  registered  or  entitled  to  vote, 
he  shall  be  guilty  of  an  illegal  pnactioe  (q)  within   the 
meaning  of  the  Corrupt  and  Illegal  Practices  Prevention 
Act,  1883,  and  that  Act  shall  apply  accordingly. 

36.  In  reckoning  time  for  the  purpose  of  the  provi- 

(q)  See  p.  166, 


382  REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 

sions  in  this  Schedule,  Sunday,  Christmas  Day,  and  any 
day  set  apart  as  a  bank  or  public  holiday  or  public  fast  or 
public  thanksgiving  shall  be,  excluded;  and  where  anything 
required  by  these  provisions  to  be  done  on  any  day  falls 
to  be  done  on  any  such  day  it  may  be  done  on  the  next 
day  not  being  one  of  any  such  days. 

37 .  If  regulations  («)  are  made  under  tliis  Act  as  to  the 
mariner  in  which  public  notice  is  to  be  given  under  the 
provisions  of  this  Schedule,  public  notice  shall  be  given 
in  manner  directed  under  any  such  regulations  for  the 
time  being  in  force,  and  if  no  such  regulations  are  in 
force  shall  be  given  in  such  manner  as  the  returning  officer 
or  the  Vice-Chancellor  as  the  case  may  be,  considers  best 
fitted  for  giving  notice  to  the  persons  concerned. 

38.  An  election  shall  not  be  declared  invalid  by  reason 
of  non-compliance  with  these  provisions  if  it  appears  to 
the  tribunal  having  jurisdiction  that  the  election  was  con- 
ducted in  accordance  with  the  principle  of  these  provisions 
and  that  the  non-compliance  with  these  provisions  did 
not  affect  the  result  of  the  election. 

39.  Where   the   Vice-Chancellor    or   registrar   of    any 
University  is  absent,  or  is  incapacitated  by  illness  for 
discharging  any  duty  required  of  him  by  this  Act,  or  if 
the  office  of  Vice-Chancellor  or  of  registrar  shall  be  vacant, 
the  duties  by  this  Act  imposed  on  the  Vice-Chancellor  or 
registrar  respectively  shall  be  discharged  by  a  person  ap- 
pointed for  that  purpose  by  the  University  Court  of  such 
University;  and  such  person  shall  in  that  respect,  but  in 
no  other,  act  for  the  time  as  and  be  deemed  to  be  Vice- 
Chancellor  or  registrar  of  such  University. 

(«)  At  the  time  of  going  to  press  no  regulations  have  been  issued. 


UNIVERSITY  ELECTIONS  (SCOTLAND). 


383 


FORM  A. 

UNIVERSITY  OF  (Name  of  University)  VOTING  PAPER. 
No.  (number  of  elector  as  on  the  register). 

I,  A.  B.  (here  give  the  elector's  name  in  full 

<md  Ms  designation),  give  my  vote  as  indicated  below:— 


"Candidates. 

Order  of  Preference. 

A 
B 

C 

D 

*  This  form  will  require  modification  where  the  transferable  vote 
is  not  used  at  the  election. 

I  declare  that  I  have  signed  no  other  voting  paper  at 
this  election  for  the  combined  university  constituency  of 
the  University  of  St.  Andrews,  the  University  of  Glasgow, 
the  University  of  Aberdeen,  and  the  University  of 
Edinburgh. 

*  I  also  declare  (t) — 

(In  the  case  of  a  man)  that  I  have  not  voted  at 
this  general  election  in  respect  of  any  qualifica- 
tion other  than  a  residence  qualification ; 
(In  the  case  of  a  woman)  that  I  have  not  voted  at 
this  general  election  for  any  other  university 
constituency. 

Signed         A.  B. 
Address 
The  day  of  19     . 

(t)  See  Second  Schedule,  Part  II.,  p.  358,  supra. 


REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 

I  declare  that  this  voting  paper  (the  vote  having  been 
previously  recorded  thereon),  was  signed  in  my  presence 
by  A.  B.?  who  is  personally  known  to  me,  on  the 
day  of  19     . 

Signed         C.D. 
Designation 
Address 

*  This  declaration  is  to  be  made  only  at  a  general  election. 


FORM  B. 

UNIVERSITY  OF  (Name  of  University) . 
No.  (number  of  elector  as  on  the  register). 


Persons  Nominated. 

Proposed  by 

Seconded  by 

A 

Name  of  Proposer 

Name  of  Seconder 

B 

Do. 

Do. 

C 

Do. 

Do. 

D 

Do. 

Do. 

SIR, 

I  HAVE  to  intimate  that  the  above-named  persons 
have  been  nominated  for  the  office  of  member  of  Parlia- 
ment. Along  with  this  letter  you  will  receive  a  voting 
paper,  and,  should  you  desire  to  vote  at  this  election,  I  have 
to  request  that  you  will  record  your  vote  thereon  and  the 
place  and  date  of  your  signing,  and  having  signed  your 
name  thereto  in  presence  of  one  witness,  who  will  also 
sign  his  name  as  directed,  you  will  return  the  voting  paper 
by  post  to  me  at  the  University  of  ,  so  as  to  reach 

me  on  or  before  10  a.m.  of  (insert  the  day  on  which  the 
poll  finally  closes). 

I  am,  &c. 

(Signed)       G.  H.,  Registrar. 
(Date.) 


UNIVERSITY  ELECTIONS  (SCOTLAND). 

FORM  C. 
UNIVERSITY  OF  (Name  of  University)  VOTING  PAPER. 

INCAPACITATED  ELECTOR. 
No.  (number  of  elector  as  on  register). 

I  A.  B.  (here  give  the  elector's  name  in  full  and  his 
designation),  give  my  vote  as  indicated  below,  and  I  have 
requested  and  authorise/I  C.  D.,  a  justice  of  peace,  to  make 
the  entries  in  this  voting  paper  on  my  behalf  and  on  my 
instructions,  and  to  subscribe  this  voting  paper  and 
declaration  (s)  for  me,  as  I  am  from  (state  the  incapacity 
unable  to  write: — 


385 


t  Candidates. 

Order  of  Preference. 

A 

B 
C 

D 

t  This  form  will  require  modification  where  the  transferable  vote 
is  not  used  at  the  election. 

I  declare  that  I  have  signed  no  other  voting  paper  at 
this  election  for  the  combined  university  constituency  of 
the  University  of  St.  Andrews,  the  University  of  Glasgow, 
the  University  of  Aberdeen,  and  the  University  of 
Edinburgh. 

J  I  also  declare  (t) — 

(In  the  case  of  a  man)  that  I  have  not  voted  at  this 
general  election  in  respect  of  any  qualification 
other  than  a  residence  qualification; 

(t)  See  Second  Schedule,  Part  II.,  p.  358,  supra. 
F.  25 


386  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(In  the  case  of  a  woman)  that  I  have  not  voted  at 
this  general  election  for  any  other  university 
constituency . 

Signed         A.B. 
Address 

The  day  of  19     . 

I,  C.  D.,  a  justice  of  peace  for  ,  and  residing  at 

,  hereby  declare  that  A.B.,  hefore  named,  being 
personally  known  to  me,  did  in  my  presence  make  the, 
declaration (s)  before  mentioned,  and  did  duly  request  and 
authorise  me  to  make  the  entries  in  this  voting  paper  on 
his  behalf  and  on  his  instructions,  and  to  subscribe  this 
voting  paper  for  him,  which  I  did  on  day  of 

19     ,  in  the  presence  of  the  said  A.B. 

(Signed)          C.  D.,  a  justice  of  peace  for 
,  and  residing  at 
J  This  declaration  is  to  be  made  only  at  a  general  election. 


Section  42.  SIXTH    SCHEDULE. 

ADAPTATION  OF  ACTS  (w) . 

1.  A  reference    to   parliamentary    electors    registered 
under  this  Act  shall  be  substituted  for  any  reference  in 
any  other  Act  to  parliamentary  electors,  parliamentary 
voters,  or  persons  entitled  to  vote  at  parliamentary  elec- 
tions, by  whatever  name  called. 

2.  A  reference  to  local  government  electors  registered 
under  this  Act  shall,  so  far  as  local  government  elections 
and  the  right  to  vote  at  any  such  elections  are  concerned,  be 
substituted  for  any  reference  in  any  other  Act  to  local 
government  electors,  county  electors,  burgesses,  parochial 
electors,  or  other  persons  entitled  to  vote  at  a  local  govern- 
ment election,  by  whatever  name  called,  and  local  govern- 

(«•)  See  sect.  42,  p.  308,  supra. 


ADAPTATION  OF  ACTS.  38' 

ment  electors  so  registered  shall  for  all  purposes,  whether 
statutory  or  not,  be  in  the  same  position  as  any  such  local 
government  electors,  county  electors,  burgesses,  parochial 
electors,  or  persons. 

3.  A  reference  to  the  register  kept  in  pursuance  of  this 
Act  shall,  so  far  as  it  relates  to  parliamentary  electors,  be 
substituted  for  any  reference  in  any  Act  to  the  parliamen- 
tary register  of  electors  or  to  the  parliamentary  register 
or  to  the  register  of  parliamentary  electors  or  to  the  register 
of  persons  entitled  to  vote  at  a  parliamentary  election,  by 
whatever  name  called,  and,  so  far  as  it  relates  to  the  local 
government   register,  shall  be   substituted  for   the  local 
government  register  of  electors,  the  burgess  roll,  the  county 
register,  the  register  of  parochial  electors,    and  for  the 
register  of  persons  entitled  to  vote  at  a  local  government 
election,  by  whatever  name  called. 

4.  The  registration  officer  shall  be  substituted  for  the 
overseers  in  sections  eleven  and  twelve  of  the  Parliamen- 
tary and  Municipal  Registration  Act,  1878,  and  in  every 
other  enactment  dealing  with  the  duties  of  the  overseers 
in  connection  with  the  registration  of  electors;    and  in 
sections  thirty-nine,  sixty-eight  and  sixty -nine    of    the 
Corrupt    and    Illegal    Practices    Prevention    Act,    1883, 
"  registration  officer"  means  the  registration  officer  under 
this  Act. 

5 .  Subsection  (4)  of  section  forty  of  the  Local  Govern- 
ment Act,  1888,  shall  have  effect  as  if  the  words  "for  the 
time  being  "  were  substituted  for  the  words  "  at  the  passing 
of  this  Act";  and,  in  order  to  meet  any  difficulty  (conse- 
quent on  the  change  of  boundaries  under  this  provision) 
in  filling  casual  vacancies  by  election  in  the  London  County 
Council,  any  such  casual  vacancy  shall,  until  the  first  elec- 
tion of  the  whole  number  of  councillors  which  takes  place 
after  the  passing  of  this  Act,  be  filled  by  means  of  the 
choice  by  the  Council  of  a  person  to  fill  the  vacancy,  and 
the  councillor  so  chosen  shall  hold  office  in  such  manner 

25  (2) 


388  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

and  in  all  respects  as  if  he  had  been  elected  to  fill  the 
vacancy. 

6.  Sections  eleven  and  thirteen  and  (so  far  as  neces- 
sary) section  twelve  of  the  Parliamentary  and  Municipal 
Registration  Act,  1878,  shall  be  adapted  so  as  to  be  appli- 
cable to  parishes  situated  in  any  constituency  or  in  any 
local    government    area,   and    for    that    purpose    "  con- 
stituency "    shall    be    substituted  in  those    sections    for 
"parliamentary  borough/'  "  local  government  area"    for 
"  municipal  borough,"  and  "  registered  as  a  local  govern- 
ment elector"  for  "enrolled  as  a  burgess." 

7.  The  Local  Government  Board  may,  by  order,  make 
such  further  adaptations  in  the  provisions    of  any  Act 
(including  any  local  Act  and  any  Act  to  confirm  a  Pro- 
visional Order  and  any  scheme  under  the  Municipal  Cor- 
porations Act,  1882,  as  amended  by  any  subsequent  Act) 
as  may  seem  to  them  necessary  to  make  those  provisions 
conform  with  the  provisions  of  this  Act;  and  any  order  so 
made  shall  operate  as  if  enacted  in  this  Act. 

As  respects  Scotland  the  Secretary  for  Scotland,  and 
as  respects  Ireland  the  Local  Government  Board  for 
Ireland,  shall  be  substituted  for  the  Local  Government 
Board  in  this  schedule. 

Special  Adaptation  of  Acts  for  Scotland. 

8.  The  Eepresentation  of  the  People  (Scotland)  Act, 
1832  (2  &  3  Will.  4,c.65)  :- 

Section  thirty-eight  shall  apply  as  if  this  Act  were 
mentioned  therein  as  well  as  the  Act  therein  men- 
tioned . 

The  Representation  of  the  People  (Scotland)  Act,  1868 
(31  &  32  Viet.  c.  48):- 

Section  twenty-three  shall  apply  as  if  appeals  from 
the  sheriff  court  under  this  Act  were  mentioned 
therein  instead  of  the  appeals  therein  mentioned . 


SPECIAL  ADAPTATION  OF  ACTS  FOR  SCOTLAND.  389 

The  Ballot  Act,  1872  (35  &  36  Viet.  c.  33):- 

In  Rule  60  (x)  of  Part  I.  of  the  First  Schedule,  a 
reference  to  Division  (4)  of  Part  I.  of  the  Ninth 
Schedule  to  this  Act  shall  be  substituted  for  the  refer- 
ence to  the  Schedules  in  that  Rule  mentioned. 

The  Corrupt  and  Illegal  Practices  Prevention  Act,  1883 
(46  &  47  Viet.  c.  51):- 

In  section  pixty-eight  in  the  definition  of 
"  revising  barrister/'  for  the  word  "  sheriff  "  shall  be 
substituted  the  words  "  registration  officer." 

The  Registration  Amendment  (Scotland)  Act,  1885  (48 
&49  Viet.  c.  16):- 

In  section  six,  for  the  words  "  dwelling-house 
within  the  meaning  of  the  Representation  of  the 
People  Act,  1884,"  there  shall  be  substituted  the 
words,  "  house  or  part  of  a  house  occupied  as  a 
separate  dwelling:  Provided  that  no  such  en  try  shall 
render  liable  to  be  rated  in  respect  of  any  such  house 
or  part  of  a  house  any  person  who  occupies  the  same 
by  virtue  of  any  office,  service,  or  employment." 

The  Local  Government  (Scotland)  Act,  1889  (52  &  53 
Viet.  c.  50):- 

In  section  six,  the  words  "in  the  Representation 
of  the  People  Act,  1918,"  shall  be  substituted  for  the 
word  "  hereinafter." 

The  Elections  (Scotland)   (Corrupt  and  Illegal  Prac- 
tices) Act,  1890  (53  &  54  Viet.  o.  55):- 

In  section  twenty -nine  the  words  "registration 
officer  "  shall  be  substituted  for  "  revising  authority," 
and  at  the  end  of  subsection  (1)  of  the  said  section 
the  following  words  shall  be  added,  "and  shall  make 
out  a  list  (which  may  be  referred  to  as  the  corrupt 
and  illegal  practices  list)  containing  the  name  and 

(x)  Set  out  at  p.  692,  infra. 


390  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

description  of  every  person  whose  name  has  been  so 
omitted,  and  shall  state  in  that  list  the  offence  of 
which  each  such  person  has  been  convicted  or  found 
guilty." 

The  Town  Councils  (Scotland)  Act,  1900   (63  &  64 
Viet.  c.  49):- 

In  subsection  (1)  of  section  twenty-three  the  words 
"  registered  as  local  government  electors  for  the 
burgh  in  accordance  with  the  provisions  of  the  Repre- 
sentation of  the  People  Act,  1918  "  shall  be  substi- 
tuted for  the  words  "  entitled  in  respect  of  premises 
within  the  municipal  boundary  to  vote  in  the  election 
of  a  member  of  Parliament." 

Special  Adaptation  of  Acts  for  Ireland, 

9.  The  Juries  Act    (Ireland),   1871    (34   &   35  Viet. 
o.  65):- 

In  sections  twelve  and  fourteen,  a  reference  to  the 
county  court  shall  b©  substituted  for  a  reference  to 
the  court  at  which  the  register  of  parliamentary  voters 
is  revised. 

The  Parliamentary  Registration  (Ireland)  Act,  1885 
(48  &  49  Viet.  c.  17):- 

In  section  sixteen  the  registration  officer  shall  be 
substituted  for  the  clerk  of  the  union;  "fifteenth  of 
July  "  shall  be  substituted  for  "  first  of  July  "  and 
the  word  "male"  shall  be  omitted. 


ENACTMENTS  REPEALED. 


891 


SEVENTH  SCHEDULE. 

RETURNING  OFFICERS  FOR  SCOTTISH  CONSTITUENCIES 
SITUATED  IN  *MORE  THAN  ONE  SHERIFFDOM  z . 


Section  43 

(13). 


Name  of  Parliamentary 
Borough  or  County. 


Montrose  District  of  Burghs. 


Ayr  and  Bute 


Name  of  Division. 


Bute  and  Northern   . 


Berwick  and  Haddington  . . 
Caithness  and  Sutherland  . . 


Inverness    and    Ross    and  |  Western  Isles 
Cromarty. 


Perth  and  Kinross 
Renfrew    . 


Kinross  and  Western. 
Eastern    . 


Returning  Officer 

Sheriff  of  Forfar. 
Sheriff  of  Ayr. 

Sheriff  of  the  Lothiaus 
and  Peebles. 

Sheriff     of     Caithness, 
Orkney,  and  Zetland. 

Sheriff    of    Ross,    Cro- 
marty, and  Sutherland. 

Sheriff  of  Perth. 

Sheriff  of  Renfrew  and 
Bute. 


Session  and 
Chapter. 


8  Hen.  6,  c.  7. 


10    Hen.     6, 
c.  2. 


EIGHTH  SCHEDULE 
ENACTMENTS  REPEALED  (a) . 


Section  47. 


Title  or  Short  Title. 


Electors  of  knights  of  the 
shires  shall  have  40a.  a 
year  freehold  and  be 
resident. 


Extent  of  Repeal. 


The  whole  Act  so  far  as  unre- 
pealfid. 


The    Statute    8    Hen.    6,  The  whole  Act  so  far  as  unre- 
c.  7,  as  to  freehold  quali- 
fication   of    electors  of 
knights   of  the    shires  ;  | 
such  freeholds  shall  be  j 
within  the  county. 

(z)  See  sect.  43  (13),  pp.  321—322,  supra. 
(a)  See  sect.  47,  p.  337,  supra. 


392 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 


Session  and 
Chapter. 

Title  or  Short  Title. 

Extent  of  Repeal. 

7  &  8  Will.  3, 
c.  25. 

An  Act  for  the  further 
regulating  elections  of 
members  to  serve  in 
Parliament,  and  for  the 
preventing  irregular 
proceedings  of  sheriffs 
and  other  officers  in  the 
electing  and  returning 
such  members. 

Section  six. 

10  Anne, 
*  31. 

The  Elections  (Fraudulent 
Conveyances)  Act,  1711. 

The  whole  Act  so  far  as  unre- 
pealed. 

13  Geo.  2, 
c.  20. 

The  Parliamentary  Elec- 
tions (Fraudulent  Con- 
veyances) Act,  1739. 

The  whole  Act  so  far  as  unre- 
pealed. 

18  Geo.  2, 
c.  18. 

The  Parliamentary  Elec- 
tions Act,  1744. 

The  whole  Act  so  far  as  unre- 
pealed. 

19  Geo.  2, 
c.  28. 

The  Parliamentary  Elec- 
tions Act,  1745. 

The  whole  Act  so  far  as  unre- 
pealed. 

3  Geo.  3, 
c.  15. 

The  Freemen  (Admission) 
Act,  1763. 

The  whole  Act  so  far  as  unre- 
pealed. 

20  Geo.  3, 
c.  17. 

The  Parliamentary  Elec- 
tions Act,  1780. 

Dhe  whole  Act  so  far  as  unre- 
pealed. 

25  Geo.  3, 
c.  84. 

The  Parliamentary  Elec- 
tions Act,  1785. 

The  whole  Act  so  far  as  unre- 
pealed. 

33  Geo.  3, 
c.  64. 

The  Parliamentary  Elec- 
tions Act,  1793. 

The  whole  Act. 

53  Geo.  3, 
c.  49. 

The  Parliamentary  Elec- 
tions Act,  1813. 

The  whole  Act  so  far  as  unre- 
pealed. 

4  Geo.  4, 
c.  36. 

The  Joint  Tenancy  (Ire- 
land) Act,  1833. 

The  whole  Act  so  far  as  unre- 
pealed. 

4      Geo.      4, 
c.  55. 

The   Parliamentary  Elec- 
tions (Ireland)  Act,  1823. 

Sections  twenty-four,  twenty-six, 
twenty-seven,  and  twenty- 
eight. 

2  &  3  Will.  4 
c.  45. 

The  Representation  of  the 
People  Act,  1832. 

The  whole  Act  (except  sections 
sixty-six,  seventy,  and  seventy- 
six,  and  the  definition  of  "  re- 
turning officer  "  in  section 
seventy-nine)  ;  the  words  "  bar- 
rister, overseer,"  in  section 
seventy-six  wherever  they  occur. 

ENACTMENTS  REPEALED. 


393 


Session  and 
Chapter. 


2  &  3  Will.  4, 
c.  65. 


The  Representation  of  the 
People  (Scotland)  Act, 
1832. 


"2  &  3  Will.  4, 
c.  88. 


,5  &  6  Will.  4 
c.  36. 

5  &  6  Will.  4 

c   78. 


3    &    4   Viet 
c.  108. 


Title  or  Short  Title. 


The  Representation  of  the 
People  (Ireland)  Act, 
1832. 

The  Parliamentary  Elec- 
tions Act,  1835. 

The  Representation  of  the 
People  (Scotland)  Act, 
1835. 

The  Municipal  Corpora- 
tions (Ireland)  Act,  1840. 


5    &    6    Viet  The  University  of  Duhlin 
c.  74.  Registration  Act,  1842. 


7    Viet. 


c.  18. 


The  Parliamentary  Voters 
Registration  Act,  1843. 


11  &  12  Viet, 
c.  90. 


12  &  13  Viet, 
c.  85. 


13  &  14  Viet 
c.  57. 


13  &  14  Viet, 
c.  68. 


The  Parliamentary   Elec- 
tions Act,  1848. 


The    Dublin    Corporation 
Act,  1849. 


The  Vestries  Act,  1850 


The  Parliamentary  Elec. 
tions( Ireland)  Act,  1850. 


Sections  two  to  four,  six  to  thir- 
teen ;  section  twenty-seven ; 
section  twenty-eight;  section 
thirty-five;  section  thirty-six, 
so  far  as  relating  to  town  clerks 
or  deputy  town  clerks  being 
entitled  to  vote;  section  thirty  - 
seven;  section  forty;  section 
forty-two,  and  the  schedules  so 
far  as  unrepealed. 

The  whole  Act  so  far  as  unre- 
pealed except  sections  eleven 
and  twelve. 

Section  seven. 


Sections    three,    four,    nine,    ten, 
and  eleven. 


Sections  six  and  eight  to  ten. 


Extent  of  Repeal. 


The  whole  Act  so 
pealed. 


far  as  unre- 


The whole  Act  (except  sections 
eighty-one,  eighty-two,  eighty- 
five  to  ninety,  ninety  -three,  and 
ninety-seven,  and  the  definition 
of  "returning  officer  "  in  sec- 
tion one  hundred  and  one),  the 
word  "overseer  "  in  section 
ninety-seven. 


The  whole  Act. 


Sections    two,    three,    five, 
seven,  and  ten  to  twelve. 


six-. 


Section  seven  from  "to  give  the 
notices  for  claims  "to  for  re- 
vising them,  and,"  and  the 
words  "burgess  lists  and  the". 

Sections  six  to  nine  and  section 
nineteen. 


391 


REPRESENTATION  OF  THE  PEOPLE  ACI,  1918. 


Session  and 
Chapter. 


13  &  14  Viet, 


14  &  15  Viet, 
c.  14. 


The  Representation  of  the 
People  (Ireland)  Act, 
I860. 


The     Compound     House- 
holders Act,  1851. 


14  &  15  Viet.  The 
c.  57. 


16  &  17  Viet.  The       County      Elections 
c.  28.  (Scotland)  Act,  1853. 

16  &  17  Viet.  The  Dublin  Parliamentary 
c.  58.  Revising  Act,  1853. 

16  &  17  Viet.  The  Parliamentary   Elec- 
c.  68.  tions  Act,  1853. 


17  &  18  Viet. 
c.  91. 

19  &  20  Viet, 
c.  58. 


20  &  21  Viet. 
c.  68. 


24  &  25  Viet. 
c.  53. 

24  &  25  Viet 
c.  60. 


24  &  25  Viet 
c.  83. 


27  &  28  Viet 
c.  22. 


Title  or  Short  Title. 


Civil     Bill     Courts 
(Ireland)  Act,  1851. 


Extent  of  Repeal. 


The  whole  Act  so  far  as  unre- 
pealed  (except  sections  eighty- 
eight  to  ninety-seven  and  sec- 
tions one  hundred  and  three, 
one  hundred  and  eight,  and  one 
hundred  and  eighteen). 


The  whole  Act. 


Section  one  hundred  and  sixty- 
one. 

Sections  two,  three,  five,  six,  and 


The  Lands  Valuation 
(Scotland)  Act,  1854. 

The  Burgh  Voters  Regis- 
tration (Scotland)  Act, 
1856. 

The  Dublin  Revising  Bar- 
risters Act,  1857. 


The  Representation  of  the 
People  (Ireland)  Act, 
1861. 

The  County  Voters  Regis- 
tration (Scotland)  Act, 
1861. 

The  Regintration  of  County 
Voters  (Ireland)  Act, 
1864. 


The  whole  Act  so  far  as  unre- 
pealed. 

In  section  one  the  words  "for  the 
Universities  of  Oxford  and 
Cambridge  and"  the  words  "  to 
the  Vice-Chancellora  of  the  said 
Universities  and"  and  the 
words  "Vice- Chancellors  and"; 
sections  four  and  five. 

Section  thirty-four. 


The  whole  Act  so   far  as  unre- 
pealed. 


The  whole  Act  so  far  as  unre- 
pealed  except  sections  two  and 
five. 


The  University  Elections  The  whole  Act  so   far  as  unre- 
Act,  1861.  pealed. 


The  whole  Act. 


The  whole  Act  so   far  as   unre- 


The  whole  Act  so   far  as   unre- 
pealed. 


ENACTMENTS  REPEALED. 


395 


Session  and 
Chapter. 


28  &  29  Viet, 
c.  36. 

29  &  30  Viet, 
c.  54. 

30  &  31  Viet, 
o.  102. 


Title  or  Short  Title. 


The  County  Voters  Regis- 
tration Act,  1865. 

["he    Revising    Barristers 
Act,  1866. 

The  Representation  of  the 
People  Act,  1867. 


31  &  32  Viet, 
c.  48. 


["he  Representation  of  the 
People  (Scotland)  Act, 
1868. 


31  &  32  Viet, 
c.  49. 


31  &  32  Viet 
c.  58. 


31  &  32  Viet 
c.  65. 

31  &  32  Viet 
c.  112. 

32  &  33  Viet 
c.  41. 


33  &  34  Viet 
c.  11. 


The  Representation  of  the 
People  (Ireland)  Act, 
1868. 


The  Parliamentary  Elec- 
tors Registration  Act, 
1868. 


The  Universities  Elections 
Act,  1868. 


The  Registration  Amend- 
ment (Ireland)  Act,  1868. 


The  Poor  Rate  Assessment 
and  Collection  Act,  1869. 


The   Dublin   Collector 
Rates  Act,  1870. 


Extent  of  Repeal. 


The  whole  Act  so  far  as  unre- 
pealed. 

The  whole  Act  so  far  as  unre- 
pealed. 

The  whole  Act  (except  sections 
one,  two,  seven,  thirty-seven, 
forty-nine  to  fifty-two,  fifty- 
seven,  fifty-nine,  and  sixty-one, 
and  Schedule  H.);  section 
fifty-nine  from  "and  in  con- 
struing" to  the  end  of  the 
section. 


Sections  three  to  six,  sections 
eight  to  fourteen,  sections  six- 
teen to  twenty,  sections  twenty- 
two,  twenty-four,  twenty-six, 
thirty-seven  to  forty-two, 
forty-five,  forty-seven  to  fifty, 
fifty-three,  fifty-five,  fifty-six, 
and  in  section  fifty-nine  the 
definition  of  ''premises,"  and 
Schedules  A.,  B.,  O.,  D.,  and 

Sections  three  to  seven,  fourteen, 
sixteen,  seventeen,  and  twenty- 
four. 

The  whole  Act  (except  sections 
one,  two,  three,  and  twenty- 
one). 

The  whole  Act. 


The  whole  Act  so  far  as  un  re- 
pealed. 

Section  seven  so  far  as  it  relates 
to  franchise  and  any  disquali- 
fication which  depends  on  fran- 
chise; section  ten,  and  section 
nineteen  so  far  as  it  relates  to 
franchise  and  any  disqualifica- 
tion which  depends  on  fran- 
chise. 


of  The  whole  Act. 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918, 


Session  and 
Chapter. 


36  &  36  Viet. 


The  Ballot  Act,  1872 


36  &  37 
c.  2. 


Viet.  The      Polling       Districts 
(Ireland)  Act,  1873. 


36  &  37  Viet, 
c.  30. 

36  &  37  Viet. 

e.  70. 

37  &  38  Viet, 
c.  53. 

38  &  39  Viet. 

<•.  77. 


38  x  39  Viet, 
e.  84. 


39  &  40  Viet 
c.  61. 


40  &  41  Viet 
e.  57. 


Title  or  Short  Title. 


The  Registration  of  Voters 
(Ireland)  Act,  1873. 

The    Revising     Barristers 
Act,  1873. 

The    Revising    Barristers 
Act,  1874. 

The    Supreme    Court    of 
Judicature  Act,  1875. 


The  Parliamentary  Elec- 
tions (Returning  Officers) 
Act,  1875. 


The  Divided  Parishes  and 
Poor  Law  Amendmen 
Act,  1876. 

The    Supreme    Court    of 
Judicature  Act  (Ireland), 

1877. 


Extent  of  Repeal. 


Section  five;  section  eight  from 
"all  expenses"  to  "by  law 
payable,"  and  (except  as  re- 
spects Scotland  and  Ireland) 
from  "where  the  sheriff"  to 
the  end  of  the  section;  sub- 
section (5)  of  section  sixteen, 
sub-section  (4)  of  section 
seventeen,  sections  eighteen  and 
nineteen,  section  twenty-five 
from  "or  where"  to  "  is  proved 
on  such  trial  to  have  voted  at 
such  election"  and  from  "or  so 
retained"  to  end  of  the  section; 
section  thirty-three  from  "  and 
shall  continue  in  force"  to  the 
end  of  the  section;  rules  3  and 
58  in  the  First  Schedule. 


The  whole  Act  so  far  as  unre- 
pealed. 

The  whole  Act  so  far  as  unre- 
pealed. 

The  whole  Act  so  far  as  un  re- 
pealed. 

The  whole  Act  so  far  as  unre- 
pealed. 

In  section  twenty-three,  the 
words  "or  the  distribution  of 
revising  barristers  among  the 
circuits,"  and  from  "and  the 
senior  judge"  to  "  boroughs 
therein." 

Sections  two  to  five,  and  section 
seven,  and  the  Schedules,  ex- 
cept so  far  as  those  sections 
and  schedules  apply  to  elections 
other  than  parliamentary  elec- 
tions. 

Section  fourteen. 


Sub-section  (2)  of  section  twenty- 
three  from  "including"  to  the 
end  of  the  sub-section. 


ENACTMENTS  REPEALED. 


Session  and 
Chapter. 


41  &  42  Viet, 
c.  3. 


4 1  &  42  Viet. 
c.  5. 


41  &  42  Viet, 
c.  26. 


41  &  42  Viet. 
c.  41. 


41  &  42  Viet, 
c.  78. 

42  &  43  Viet, 
c.  10. 


42  &  43  Viet 
c.  71. 


43  &  44  Viet 
c.  6. 


44  &  45  Viet, 
c.  40. 


44  &  45  Viet 
c.  68. 

45  &  48  Viet 
c.  50. 


The  House  Occupiers  Dis- 
qualification Removal 
Act,  1878. 

The  House  Occupiers  Dis- 
qualification Removal 
(Scotland)  Act,  1878. 

The  Parliamentary  and 
Municipal  Registration 

Act,  1878. 


The  Parliamentary  Elec- 
tions Returning  Officers' 
Expenses  (Scotland)  Act, 
1878. 

The  Education  (Scotland) 
Act,  1878. 

The  Assessed  Rates  Act, 
1879. 


Title  or  Short  Title. 


The  Registry  Courts  (Ire- 
land) Amendment  Act, 
1879. 

The  House  Occupiers  in 
Counties  Disqualifica- 
tion Removal  (Scotland) 
Act,  1880. 

The  Universities  Elections 
Amendment  (Scotland) 
Act,  1881. 

The  Supreme  Court  of 
Judicature  Act,  1881. 

The  Municipal  Corpora- 
tions Act,  1882. 


Extent  of  Repeal. 


The  whole  Act. 


The  whole  Act. 


The  whole  Act  so  far  as  unre- 
pealed  (except  sections  one, 
two,  eleven,  twelve,  thirteen 
and  fourteen) . 

Section  three  and  the  Schedule. 


Section  twenty-four. 


The  whole  Act  so  far  as  it  relates 
to  franchise  and  any  disquali- 
fication which  depends  on 
franchise. 

The  whole  Act  so  far  as  unre- 
pealed. 


The  whole  Act. 


The  whole  Act. 


Section  fourteen  as  far  as  respects 
appeals  in  registration  matters. 

Section  nine;  in  sub-section  (2) 
of  section  eleven  the  words 
from  "or  (b)  Being  entitled" 
to  "to  be  made,"  and  the  words 
"In  either  of  those  cases";  sec- 
tions thirty-two  and  thirty- 
three;  sub-section  (3)  of  sec- 
tion forty-two;  section  forty- 
four;  paragraphs  (1)  to  (7)  of 
section  forty-five;  sections 
forty-six  to  forty -nine;  in  sub- 


398 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 


Session  and 
Chapter. 


45  &  46  Viet 
c.  60 — contd 


46  &  47  Viet, 
c.  51. 


47  &  48  Viet, 
c.  35. 


Title  or  Short  Title. 


The  Corrupt  and  Illegal 
Practices  Prevention 
Act,  1883. 


The  County  of  Dublin 
Jurors'  and  Voters'  Re- 
vision Act,  1884. 


.Extent  of  Repeal. 


section  (2)  of  section  fifty-one 
the  words  "or  vote  in  more 
than  one  ward  " ;  sections  sixty- 
three,  seventy-one,  and  seventy- 
six,  sub -sections  (1)  and  (3)  of 
section  two  hundred  and  nine, 
section  two  hundred  and  forty- 
four,  Part  I.  of  the  Third 
Schedule,  in  rule  four  of  Part 
II.  of  the  Third  Schedule,  the 
words  "or  entered  in  the  sepa- 
rate non-resident  list  required 
by  this  Act  to  be  made,"  Part 
IV.  of  the  Third  Schedule,  rule 
one  of  Part  II.  of  the  Fifth 
Schedule  so  far  as  respects  ex- 
penses incurred  in  relation  to 
the  enrolment  of  burgesses,  and 
Forms  C  to  G  in  Part  II.  of 
the  Eight  Schedule. 


Sub-section  (2)  of  section  thirty, 
two ;  paragraph  (c)  of  sub- 
section (1)  of  section  thirty- 
three;  sub-section  (1)  of  sec- 
tion thirty-five  from  "and  may 
charge  "  to  the  end  of  the  sub- 
section; sub -section  (3)  of 
section  thirty-nine ;  section 
forty-seven;  the  definitions  of 
"  registration  officer  "  in  sec- 
tions sixty-four  and  sixty- 
eight  ;  sub -section  (12)  of 
section  sixty-eight;  sub-section 
(4)  of  section  sixty-nine  from 
"in  the  manner"  to  the  end  of 
the  sub-section;  sub-section (9) 
of  section  sixty-nine;  para- 
graph (7)  of  Part  I.  of  the 
First  Schedule;  paragraph  (1) 
of  Part  II.  of  the  First  Sche- 
dule; in  the  "Form  of  Return 
of  Election  Expenses"  in  Part 
I.  of  the  Second  Schedule  the 
first  paragraph  under  the  head- 
ing "Expenditure." 


Section  two,  so  far  as  respects 
the  appointment  of  revising 
barristers  and  the  registration 
of  voters. 


ENACTMENTS  REPEALED. 


499 


Session  and 
Chapter. 


47  &  48  Viet. 
c.  70. 


48  &  49  Viet. 
c.  3. 

48  &  49  Viet, 
c.  9. 

48  &  49  Viet, 
c.  15. 


48  &  49  Viet. 
c.  16. 


48  &  49  Viet. 
c.  17. 


48  &  49  Viet, 
c.  23. 


The  Municipal  Elections 
(Corrupt  and  Illegal 
Practices)  Act,  1884. 

The  Representation  of  the 
People  Act,  1884. 

The  Municipal  Voters 
Relief  Act,  1885. 

The  Registration  Act,  1885. 


48  &  49  Viet, 
c.  46. 


48  &  49  Viet, 
c.  62. 


49  &  50  Viet, 
c.  42.  « 


Title  or  Short  Title. 


The  Registration  Amend- 
ment (Scotland)  Act, 
1885. 


The  Parliamentary  Regis- 
tration (Ireland)  Act, 
1885. 


The  Redistribution  of  Seats 
Act,  1885. 


The  Medical  Relief  Dis- 
qualification Removal 
Act,  1885. 

The  Parliamentary  Elec- 
tions (Returning  Offi- 
cers) Act,  1885. 


The    Revising    Barristers 
Act,  1886. 


Extent  of  Repeal. 


Sub-section   (3)  of  section  thir- 
teen. 


The  whole  Act  so  far  as  unre- 
pealed. 

The  whole  Act  so  far  as  unre- 
pealed. 

The  whole  Act  so  far  as  unre- 
pealed  (except  sections  sixteen, 
nineteen,  and  twenty) ;  the  de- 
finitions of  "ownership  voter," 
"fifty  pounds  rental  voter," 
and  "occupation  voter"  in  sec- 
tion nineteen. 

Section  three,  except  so  far  as  it 
relates  to  the  valuation  roll, 
sections  four  and  five,  sections 
seven  to  ten,  thirteen  to  fifteen, 
and  section  seventeen. 

Sections  two  to  six,  eight,  nine, 
thirteen,  fifteen,  seventeen  to 
thirty,  and  the  Second  Sche- 
dule. 


As  respects  England  and  Scotland 
the  whole  Act  so  far  as  unre- 
pealed,  and  as  respects  Ireland, 
sub-sections  (3)  and  (4)  of 
section  eight,  sections  ten  to 
twelve,  sub-sections  (3),  (4), 
and  (5)  of  section  thirteen, 
sections  fourteen,  fifteen,  eigh- 
teen, and  twenty,  and  in  section 
twenty-six  the  words  from 
"with  the  following"  to  the 
end  of  the  section. 

The  whole  Act  so  far  as  unre- 
pealed. 


The  whole  Act  so  far  as  unre- 
pealed,  except  BO  far  as  it 
applies  to  elections  other  than 
parliamentary  elections. 

The  whole  Act. 


400 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 


Session  and 
Chapter. 


49  &  50  Viet, 
c.  43. 

49  &  50  Viet, 
c.  57. 


^9  &  50  Viet, 
c.  58. 

50  &  51  Viet. 

c.  55. 


51  &  52  Viet, 
c.  10. 


51  &  52  Viet, 
c.  41. 


The  Revising-  Barristers 
(Ireland)  Act,  1886. 

The  Parliamentary  Elec- 
tions (Returning  Offi- 
cers) Act  (1875)  Amend- 
ment Act,  1886. 

The  Returning  Officers 
(Scotland)  Act,  1886. 

The  Sheriffs  Act,  1887. 


The  County  Electors  Act. 
1888. 


The     Local    Government 
Act,  1888. 


52  &  53  Viet, 
c.  50. 


53  &  54  Viet, 
c.  55. 


Title  or  Short  Title. 


The     Local    Government 

(Scotland)  Act,  1889. 


The  Elections  (Scotland) 
(Corrupt  and  Illegal 
Practices)  Act,  1890. 


Extent  of  Repeal. 


The  whole  Act. 


The  whole  Act  so  far  as  unre- 
pealed,  except  so  far  as  it 
applies  to  elections  other  than 
parliamentary  elections. 

The  whole  Act. 


Sub-section  (2)  of  section  eigh- 
teen, so  far  as  respects  sheriffs' 
courts  required  for  the  purpose 
of  elections. 

The  whole  Act  so  far  as  unre- 
pealed. 


Paragraph  (b)  of  sub-section  (2) 
of  section  two  from  "or  is  re- 
gistered" to  the  end  of  the 
paragraph;  paragraph  (xii)  of 
section  three;  sub-section  (6) 
of  section  thirty-four;  proviso 
twelve  in  section  seventy-five; 
sections  seventy -six  and. 
seventy-seven ;  in  paragraph 
(6),  of  section  eighty-three  the 
words  "registration  of  parlia- 
mentary voters  or  to  the,"  the 
words  "or  to  any  registration 
matters,"  and  the  word  "regis- 
tration" where  it  lastly  occurs; 
in  sub-section  (2)  of  section 
ninety-two  the  word  "occupa- 
tion" and  the  words  "of  mak- 
ing out  and  revising  the  lists 
of  voters,  of  conducting  any 
parliamentary  election";  sub- 
section (3)  of  section  ninety- 
two. 

S.ub-section  (4)  of  section  eight, 
and  sections  twenty-eight  and 
twenty-nine. 

In  section  one  the  definition  of 
"revising  authority";  sub- 
section (3)  of  section  seven- 
teen; sub-sections  (7)  and  (8) 
of  section  twenty-nine. 


ENACTMENTS    REPEALED. 


401 


Session  and 
Chapter. 


Title  or  Short  Title. 


Extent  of  Repeal. 


53  &  54  Viet, 
c.  58. 


54  &  55  Viet, 
c.  11. 

54  &  55  Viet, 
c.  18. 

54  &  55  Viet, 
c.  49. 

54  &  55  Viet, 
c.  68. 

56  &  57  Viet. 
c.  73. 

57  &  58  Viet, 
c.  58. 


The  Parliamentary  Regis 
tration  Expenses  (Ire- 
land) Act,  1890. 

The  Electoral  Disabilities 
Removal  Act,  1891. 

The  Registration  of  Elec- 
tors Act,  1891. 

The     Returning    Officers 
(Scotland)  Act,  1891. 

The  County  Councils  (Elec- 
tions) Act,  1891. 

The     Local     Government 
Act,  1894. 

The     Local    Government 
(Scotland)  Act,  1894. 


59  &  60  Viet. 
c.  17. 

61  &  62  Viet. 
c.  2. 

61  &  62  Viet. 
c.  37. 


62  &  63  Viet. 
c.  14. 


63  &  64  Viet, 
c.  29. 

63  &  64  Viet 
c.  49. 


3    Edw. 
c.  34. 


7, 


The   Glasgow  Parliamen- 
tary Divisions  Act,  1896. 

The  Registration  (Ireland) 
Act,  1898. 

The     Local    Government 
(Ireland)  Act,  1898. 


The  London  Government 
Act,  1899. 


The  London  County  Coun- 
cil Electors  Qualification 
Act,  1900. 

The  Town  Councils  (Scot- 
land) Act,  1900. 


The  Town  Councils  (Scot- 
land) Act,  1903. 


The  whole  Act  so  far  as   unre- 
pealed. 

The  whole  Act. 
Phe  whole  Act. 

;  j 

Section  three  and  the  Schedule. 
Section  two. 


Sections  forty-three  and  forty- 
four. 

Sub -section  (1)  of  section  ten 
from  "provided  that"  to  the 
end  of  the  sub-section;  sections 
eleven  and  twelve. 

The  whole  Act. 


The  whole  Act. 


Section  ninety-eight  except  sub- 
section (8);  section  one  hun- 
dred and  nine  from  "The  ex- 
pression '  revising-  barrister  ' ' 
to  "1885." 

Sub-section  (4)  of  section  three; 
sub-section  (1)  of  section  four 
from  "  and  shall  be "  to  "  elec- 
tors"; and  sub-section  (2)  of 
section  twenty-seven. 

The  whole  Act. 


Section  twenty-three  from  the 
words  "all  persons  who  would 
have  been  entitled"  to  the  end 
of  the  section;  and  sections 
twenty-four  to  thirty -two. 

Sections  two  and  four. 


F. 


402 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 


Session  and 
Chapter. 


8    Edw.      7, 
c.  14. 


8    Edw.      7, 
c.  21. 

8    Edw.     7, 
c.  35. 


8    Edw.      7, 
c.  48. 

1  &  2  Geo.  6, 
c.  53. 


4  &  5  Geo.  5, 
c.  25. 


The  Polling  Arrangements  The  whole  Act. 
(Parliamentary        Bor-  \ 
oughs)  Act,  1908. 


Title  or  Short  Title. 


Extent  of  Repeal. 


The  Registration  Act,  1908 


The  Polling  Districts  and 
Registration  of  Voters 
(Ireland)  Act,  1908. 

The  Post  Office  Act,  1908. 


The  House  Letting  and 
Rating  (Scotland)  Act, 
1911. 


The  Electoral  Disabilities 
(Naval  and  Military 
Service)  Removal  Act, 
1914. 


The  whole  Act. 


The  whole  Act. 


Section  eighty. 


Section  seven,  proviso  (3)  from 
the  words  "Provided  that  for 
the  purposes  of  any  qualifica- 
tion or  franchise "  to  end  of 
that  proviso;  and  section  eight. 

The  whole  Act. 


REDISTRIBUTION.  403 


NINTH  SCHEDULE.  Sections 

20  (2),  37. 

REDISTRIBUTION  OF  SEATS  (a). 

1.  The  names,  contents,  and  boundaries  of  each  par- 
liamentary borough  and  county  and  division  thereof  shall 
be  as  specified  in  this  schedule . 

2 .  The  areas  mentioned  in  the  second  and  last  columns  (6) 
of  this  schedule  shall  be  taken  to  be  those  areas  as  const!-* 
tuted  on  the  first  day  of  October  nineteen  hundred  and 
seventeen:  Provided  that  any  misnomer  or  inaccurate  de- 
scription of  any  of  those  areas  in  those  columns  shall  not  in 
any  way  prevent  or  abridge  the  operation  of  this  Act  with 
respect  to  the  subject  of  the  description  if  it  is  so  desig- 
nated as  to  be  commonly  understood. 

3.  The  wards  mentioned  in  this  schedule  are,  in  rela- 
tion to  any  borough  in  London,  wards  of  the  metropolitan 
borough;  in  relation  to  any  municipal  borough,  wards  of 
the  municipal  borough;    and,  in  relation  to  any  urban 
district,  wards  of  the  urban  district. 

4.  The  expression  "burgh,"  when  used  in  this  schedule, 
means  a  burgh  as  bounded  for  police  purposes  on  the  first 
day  of  October  nineteen  hundred  and  seventeen. 

5.  If  any  doubt  arises  as  to  the  constituency  in  which 
any  parish,  townland,  ward,  or  other  place,  whether  larger 
or  smaller  than  a  parish,  townland,  or  ward,  is  intended  by 
this  schedule  to  be  included,  that  doubt  shall  be  determined 
by  the  Local  Government  Board,  or  in  Scotland  by  the 
Secretary  for  Scotland. 

(a)  See  sect.  37,  pp.  282  —283,  supra. 
(6)  See  note  on  next  page. 


26  (2) 


404     REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 


[NOTE. — To  save  space,  this  Schedule  is  arranged  as  appears  hereunder,.  instead 
of  in  columns  as  in  the  Act.  The  matter  appearing  under  the  heading  Name  of 
Parliamentary  Borough  represents  the  first  column,  under  the  heading  Contents  of 
Parliamentary  Borough  the  second  column,  under  the  heading  Total  number  of 
Members  for  Parliamentary  Borough  the  third  column,  under  the  heading  Names  of 
Divisions  of  Parliamentary  Borough  the  fourth  column,  and  under  the  heading 
Contents  or  Boundaries  of  Divisions  the  fifth  or  last  column.] 


PART   I. 

PARLIAMENTARY  BOROUGHS. 

(1)  LONDON. 

Name  of  Parliamentary  Borough. 

BATTERSEA. 

Contents  of  Parliamentary  Boroitgh. 

Metropolitan  borough  of  Battersea. 

Total  number  of  Members  for  Parliamentary  Borough. 

Two. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

NORTH. 

Church,  Latchmere,  Nine  Elms  and  Park  Wards. 
SOUTH. 

Bolingbroke,  Broomwood,  St.  John,  Shaftesbury 
and  Winstanley  Wards. 

Name  of  Parliamentary  Borough. 

BERMONDSEY. 

Contents  of  Parliamentary  Borough. 

Metropolitan  borough  of  Bermondsey. 

Total  number  of  Members  for  Parliamentary  Borough. 

Two. 


PARLIAMENTARY  BOROUGHS.  405 

(1)  LONDON— continued. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

KOTHERHITHE. 

St.  John,  St.  Olave  and  St.  Thomas  Wards,  Wards 
numbers   five   and   six,   Bermondsey,   and    Wards 
numbers  one,  two  and  three,  Rotherhithe. 
WEST  BERMONDSEY. 

Wards   numbers   one,  two,    three  and   four,  Ber- 
mondsey. 

Name  of  Parliamentary  Borough. 

BETHNAL  GREEN. 

Contents  of  Parliamentary  Borough. 

Metropolitan  borough  of  Bethnal  Green. 

Total  number  of  Members  for  Parliamentary  Borough. 

Two. 

Names  of  Divisions  of 
Parliamentary  Borough.          Contents  or  Boundaries  of  Divisions. 

NORTH  EAST. 

North  and  East  Wards. 
SOUTH  WEST. 

South  and  West  Wards. 

Name  of  Parliamentary  Borough. 

CAMBERWELL. 

Contents  of  Parliamentary  Borough. 

Metropolitan  borough  of  Camberwell. 

Total  Wumber  of  Members  for  Parliamentary  Borough. 

Four. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

DULWICH. 

Alleyn,  College,  Hamlet,  Ruskin  and  St.  John's 
Wards. 


406      REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(1)  LONDON — continued. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

NORTH.  ; 

Coburg,   Marlborough,   North   Peckham  and   St. 
George's  Wards. 

NORTH  WEST. 

Addington,  Lyndhurst,  St.  Giles,  Town  Hall  and 
West  Wards. 

PECKHAM. 

Clifton,  Goldsmith,  Nunhead,  The  Eye,  Rye  Lane 
and  St.  Mary's  Wards. 

Name  of  Parliamentary  Borough. 

CHELSEA. 

Contents  of  Parliamentary  Borough. 
Metropolitan  borough  of  Chelsea . 

Total  number  of  Members  for  Parliamentary  Sorough. 

One. 

Thames  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

CITY  OF  LONDON. 

Contents  of  Parliamentary  Borough. 

City  of  London. 

Total  number  of  Members  for  Parliamentary  Borough. 

Two. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


PARLIAMENTARY  BOROUGHS.  407 

(1)  LONDON — continued.      % 

Name  of  Parliamentary  Borough. 

DEPTFOKD. 

Contents  of  Parliamentary  Borough. 

Metropolitan  borough  of  Deptford. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.          Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

FINSBURY, 

Contents  of  Parliamentary  Borough. 

Metropolitan  borough  of  Finsbury. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.          Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

FULHAM. 

Contents  o-f  Parliamentary  Borough. 

Metropolitan  borough  of  Fulham. 

Total  number  of  Members  for  Parliamentary  Borough. 

Two. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

EAST. 

Baron's  Court,   Lillie,   Sands  End  and   Walhani 
Wards . 
WEST. 

Hurlingham,     Margravine,    Munster    and    Town 
Wards. 


408  REPRESENTATION  OF  THE  PEOPLE  ACT,  l9l8. 

t       (1)  LONDON — continued. 

Name  of  Parliamentary  Borough. 

GREENWICH. 

Contents  of  Parliamentary  Borough. 

Metropolitan  borough  of  Greenwich. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

HACKNEY. 

Contents  of  Parliamentary  Borough. 

Metropolitan  borough  of  Hackney. 

Total  number  of  Members  for  Parliamentary  Borough. 

Three. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

CENTRAL. 

Downs,  Hackney  and  Kingsland  Wards,  and  the 
part  of  West  Hackney  Ward  which  lies  to  the  south 
and  east  of  a  line  drawn  along  the  middle  of 
Shackle  well  Lane. 

NORTH. 

Stamford  Hill  Ward,  the  part  of  Clapton  Park 
Ward  which  lies  to  the  north  of  a  line  drawn  along 
the  middle  of  Glenarm  Eoad  to  its  junction  with 
Glyn  Road,  thence  along  the  middle  of  Glyn  .Road 
to  its  junction  with  Redwald  Road,  thence  along 
the  middle  of  Redwald  Road  to  its  junction  with 
Maclaren  Street,  thence  straight  to  the  middle  of 
the  nearest  gate  of  the  recreation  grounds  adjoin- 
ing the  premises  in  Daubeney  Road,  thence  straight 
to  the  borough  boundary  at  a  point  fifty  feet  north 


PARLIAMENTARY  BOROUGHS.  409 

(1)  LONDON— continued. 

of  a  boundary  post  situate  at  the  junction  of  the 
Waterworks  River  with  the  River  Lea  at    Lead 
Mill  Point,  and  the  part  of  West  Hackney  Ward 
which  is  not  included  in  the  Central  Division. 
SOUTH. 

Homerton  and  South  Hackney  Wards,  and  the  part 
of  Clapton  Park  Ward  which  is  not  included  in    . 
the  North  Division . 

Name  of  Parliamentary  Borough, 

HAMMERSMITH. 

Contents  of  Parliamentary  Borough. 

Metropolitan  borough  of  Hammersmith. 

Total  number  of  Members  for  Parliamentary  Borough. 

Two. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

NORTH. 

Numbers  four,  five,  six  and  seven  Wards. 
SOUTH. 

Numbers  one,  two  and  three  Wards. 

Name  of  Parliamentary  Borough. 

HAMPSTEAD. 

Contents  of  Parliamentary  Borough. 

Metropolitan  borough  of  Hampstead. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


410  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(1)  LONDON — continued. 

Name  of  Parliamentary  Borough. 

HOLBORN. 

Contents  of  Parliamentary  Borough, 

Metropolitan  borough  of  Holborn. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.          Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

ISLINGTON. 

Contents  of  Parliamentary  Borough. 

Metropolitan  borough  of  Islington. 

Total  number  of  Members  for  Parliamentary  ^Borough. 

Four. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

EAST. 

Canonbury,  Highbury  and  Mildmay  Wards. 
NORTH. 

Tollington,  Tufnell  and  Upper  Hollo  way  Wards. 
SOUTH. 

Barnsbury,  St.  Mary  and  St.  Peter  Wards. 
WEST. 

Lower  Holloway  and  Thornhill  Wards. 

Name  of  Parliamentary  Borough. 

KENSINGTON. 

Contents  of  Parliamentary  Borough. 

Metropolitan  borough  of  Kensington. 

Total  number  of  Members  for  Parliamentary  Borough. 

Two. 


PARLIAMENTARY  BOROUGHS.  411 

(1 )  LONDON— continued . 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions, 

NORTH. 

Golborne,    Norland,   Pembridge   and  St.    Charles 

Wards. 
SOUTH. 

Brompton,  Earl's  Court,  Holland,  Queen's    Gate 

and  Redcliffe  Wards. 

Name  of  Parliamentary  Borough. 

LAMBETH. 

Contents  of  Parliamentary  Borough. 

Metropolitan  borough  of  Lambeth. 

Total  number  of  Members  for  Parliamentary  Borough, 
Four. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

BRIXTON. 

Stockwell  Ward,  the  part  of  Brixton  Ward  which 
is  not  included  in  the  Kennington  Division,  the 
part  of  Herne  Hill  Ward  which  lies  to  the  north 
of  a  line  running  from  Coldharbour  Lane  along  the 
north  side  of  the  London,  Brighton  and  South 
Coast  Eailway  to  Denmark  Hill,  and  the  part  of 
Tulse  Hill  Ward  which  lies  to  the  north  and  west 
of  a  line  running  along  the  middle  of  Brixton  Hill 
from  Mill  Lane  to  Water  Lane,  along  the  middle 
of  Water  Lane  to  Effra  Eoad,  and  along  the  middle 
of  Effra  Road  to  Coldharbour  Lane. 

KENNINGTON. 

Vauxhall  Ward,  the  part  of  Brixton  Ward  which 
lies  to  the  north  of  a  line  running  from  Clapham 
Road  along  the  middle  of  Stockwell  Park  Road, 
Grove  Road,  Brixton  Road,  Mostyn  Road,  Aker- 


412      REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(1)  LONDON — continued. 

man  Road  and  Lothian  Road  and  across  Camber- 
well  New  Road  to  Wyndham  Road,  and  the  part  of 
Prince's  Ward  which  is  not  included  in  the  North 
Division . 

NORTH. 

Bishop's  and  Marsh  Wards,  and  the  part  of  Prince's 
Ward  which  lies  to  the  north  of  a  line  running  from 
Vauxhall  Bridge  along  the  middle  of  Upper  Ken- 
nington  Lane  and  Lower  Kennington  Lane  to 
Newington  Butts. 

NORWOOD. 

Norwood  Ward,  and  the  part  of  each  of  the  Herne 
Hill  and  Tulse  Hill  Wards  which  is  not  included 
in  the  Brixton  Division. 

Name  of  Parliamentary  Borough. 

LEWISHAM. 

Contents  of  Parliamentary  Borough. 

Metropolitan  borough  of  Lewisham. 

Total  number  of  Members  for  Parliamentary  Borough. 

Two. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

EAST. 

Blackheath,  Church,  Lewisham  Park,  Manor  and 
South  Wards,  and  the  part  of  each  of  the  Catford 
and  the  Lewisham  Village  Wards  which  lies  to  the 
east  of  the  centre  of  the  Mid-Kent  Branch  of  the 
South-Eastern  and  Chatham  Railway. 

WEST. 

Brockley,  Forest  Hill  and  Sydenham  Wards,  and 
the  part  of  each  of  the  Catford  and  the  Lewisham 
Village  Wards  which  is  not  included  in  the  East 
Division. 


PARLIAMENTARY  BOROUGHS. 

(1)  LONDON— continued. 

Name  of  Parliamentary  Borough. 

PADDINGTON. 

Contents  of  Parliamentary  Borough. 

Metropolitan  borough  of  Paddington. 

Total  mimber  of  Members  for  Parliamentary  Borough. 

Two. 


413 


Names  of  Divisions  of 
Parliamentary  Borough. 


Contents  or  Boundaries  of  Divisions. 


NORTH. 


SOUTH. 


Harrow  Eoad,  Queen's  Park  and  Maida  Vale 
Wards,  and  the  part  of  Church  Ward  which  lies 
to  the  north  and  east  of  a  line  commencing  on  the 
ward  boundary  at  the  south  side  of  the  Weigh 
Bridge  at  the  eastern  end  of  Westbourne  Terrace 
Eoad,  and  proceeding  thence  to  and  along  the 
southern  side  of  the  Grand  Junction  Canal  to  the 
Harrow  Eoad  Bridge,  thence  along  the  middle  of 
Harrow  Eoad  to  the  borough  boundary  in  Edg- 
ware  Eoad. 

Hyde  Park,  Lancaster  Gate  East,  Lancaster  Gate 
West  and  Westbourne  Wards,  and  the  part  of 
Church  Ward  which  is  not  included  in  the  North 
Division . 


Name  of  Parliamentary  Borough. 

POPLAE. 

Contents  of  Parliamentary  Borough. 

Metropolitan  borough  of  Poplar. 

Total  number  of  Members  for  Parliamentary  Borough. 

Two. 


414      REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(1)  LONDON— continued. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

Bow  AND  BROMLEY. 

Bow  Central,  Bow  North,  Bow  South,  Bow  West, 
Bromley  North  East,  Bromley  North  West  and 
Bromley  South  West  Wards. 

SOUTH  POPLAR. 

Bromley  Central,  Bromley  South  East,  Poplar 
Cubitt  Town,  Poplar  East,  Poplar  Millwall,  Pop- 
lar North  West  and  Poplar  West  Wards. 

Name  of  Parliamentary  Borough. 

ST.  MARYLEBONE. 

Contents  of  Parliamentary  Borough. 

Metropolitan  borough  of  St.  Marylebone. 

Total  number  of  Members- for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

ST.   PANCRAS. 

Contents  of  Parliamentary  Borough. 

Metropolitan  borough  of  St.  Pancras. 

Total  number  of  Members  for  Parliamentary  Borough. 

Three. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

NORTH. 

Wards  numbers  one  and  two,  and  the  part  of  Ward 
number  three  which  lies  to  the  north  and  west  of 
a  line  running  along  the  middle  of  Camden  Road 
from  a  point  where  that  road  is  intersected  by  the 


PARLIAMENTARY  BOROUGHS.  415 

(1)  LONDON— continued. 

eastern  boundary  of  the  metropolitan  borough  to 
the  point  where  that  road  crosses  the  Regent's  Canal 
and  thence  westward  along  the  middle  of  that  canal 
to  the  western  boundary  of  Ward  number  three. 

SOUTH  EAST. 

Wards  numbers  six  and  eight,  and  the  part  of  Ward 
number  three  which  is  not  included  in  the  North 
Division , 

SOUTH  WEST. 

Wards  numbers  four,  five  and  seven. 

Name  of  Parliamentary  Borough. 

SHOEEDITCH. 

Contents  of  Parliamentary  Borough. 

Metropolitan  borough  of  Shoreditch. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

SOUTH  WARE . 

Contents  of  Parliamentary  Borough. 

Metropolitan  borough  of  South wark. 

Total  number  of  Members  for  Parliamentary  Borough. 

Three. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

CENTRAL. 

St.  Mary's,  St.  Paul's  and  Trinity  Wards,  and  the 
part  of  the  St.  George's  Ward  which  is  not  included 
in  the  North  and  South  East  Divisions. 


416     REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(1)  LONDON— continued. 

NORTH. 

Christchurch,  St.  Jude's,  St.  Michael's  and  St. 
Saviour  Wards,  and  the  part  of  the  St.  George's 
Ward  which  lies  to  the  north  of  a  line  drawn  from 
Tabard  Street  along^the  middle  of  Wickham  Place 
and  of  the  covered  stream  which  passes  between 
the  eastern  end  of  Wickham  Place  and  the  borough 
boundary  in  Staple  Street. 

SOUTH  EAST. 

St.  John's  and  St.  Peter's  Wards,  and  the  part  of 
St.  George's  Ward  which  lies  to  the  south  of  a 
line  drawn  along  the  middle  of  New  Kent  Road 
and  Tower  Bridge  Road. 

Name  of  Parliamentary  Borough. 

STEPNEY. 

Contents  of  Parliamentary  Borough. 

Metropolitan  borough  of  Stepney. 
Total  number  of  Members  for  Parliamentary  Borough. 

Three. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

LlMEHOUSE. 

Limehouse  North,  Limehouse  South,  Mile  End 
Old  Town  North  East,  Mile  End  Old  Town  South 
East  and  Ratcliffe  Wards. 

MILE  END. 

Mile  End  Old  Town  Centre,  Mile  End  Old  Town 
North,  Mile  End  Old  Town  South,  Mile  End  Old 
Town  West  and  Whitechapel  East  Wards. 

WHITECHAPEL  AND  ST.  GEORGE'S. 

Mile  End  New  Town,  St.  George-in-the-East 
North,  St.  George-in-the-East  South,  Shadwell, 
Spitalfields  East,  Spitalfields  West,  Whitechapel 
Middle,  Whitechapel  South  and  Tower  Wards. 


PARLIAMENTARY  BOROUGHS.  417 

(1)  LONDON— continued. 

Name  of  Parliamentary  Borough. 

STOKE  NEWINGTON. 

Contents  of  Parliamentary  Borough. 

Metropolitan  borough  of  Stoke  JSTewington. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  >of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

WANDS  WORTH. 

Contents  of  Parliamentary  Borough. 

Metropolitan  borough  of  Wandsworth. 

Total  number  of  Members  for  Parliamentary  Borough. 

Five. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

BALHAM  AND  TOOTING. 

Tooting  Ward  and  the  part  of  Balham  Ward  which 
in  not  included  in  the  Clapham  Division. 

CENTRAL. 

Fairfield  and  Springfield  Wards. 

CLAPHAM. 

Clapham  North  and  Clapham  South  Wards,  and 
the  part  of  Balham  Ward  which  lies  to  the  east 
and  north  of  a  line  drawn  from  the  point  where  the 
northern  boundary  of  that  ward  crosses  Balham 
Hill,  along  the  middle  of  Balham  Hill  and  Balham 
High  Eoad  to  a  point  in  that  road  opposite  the 
middle  of  Ormeley  Road,  thence  along  the  middle 
of  Ormeley  Road  to  a  point  opposite  the  middle  of 
,that  road  in  Cavendish  Road,  and  thence  in  a 
F.  27 


418      REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(1)  LONDON— continued. 

southerly  direction  along  the  middle  of  Cavendish 
Eoad  to  the  middle  of  Emmanuel  Road,  thence 
along  the  middle  of  Emmanuel  Road  to  the  ward 
boundary  near  the  western  end  of  the  last-named 
road. 

PUTNEY. 

Putney  and  Southfields  Wards. 

STREATHAM. 

The  Streatham  Ward. 

Name  of  Parliamentary  Borough. 

WESTMINSTER. 

Contents  of  Parliamentary  Borough. 

Metropolitan  borough  of  Westminster. 

Total  member  of  Members  for  Parliamentary  Borough. 

Two. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

ABBEY. 

Covent  Garden,  Great  Maiiborough,  Pall  Mall, 
Regent,  St.  Anne,  St.  John,  St.  Margaret,  Strand, 
and  Charing  Cross  Wards,  except  the  part  of 
Charing  Cross  Ward  which  is  included  in  the  St. 
George's  Division. 

ST.  GEORGE'S. 

Conduit,  Grosvenor,  Hamlet  of  Knightsbridge, 
Knightsbridge  St.  George's  and  Victoria  Wards, 
and  the  part  of  Charing  Cross  Ward  which  lies  to 
the  south  and  west  of  a  line  drawn  from  the  ward 
boundary  at  the  centre  of  Wellington  Arch,  along 
the  middle  of  Constitution  Hill,  thence  along  the 
middle  of  the  road  to  the  north  and  east  of  the 
Queen  Victoria  Memorial,  thence  along  the  middle 
of  Spur  Road  to  the  boundary  of  St.  Margaret 
Ward. 


PARLIAMENTARY  BOROUGHS.  419 


(1) 

Name  of  Parliamentary  Borough. 

WOOLWICH. 

Contents  of  Parliamentary  Borough. 

Metropolitan  borough  of  Woolwich  . 

Total  number  of  Members  for  Parliamentary  Borough. 

Two. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

EAST. 

Barrage,  Central,  Glyndon,  St.  Margaret's  and  St. 

Nicholas  Wards. 
WEST. 

Dockyard,  Eltham,  Herbert,  River,  St.  George's 

and  St.  Mary's  Wards. 


(2)  ENGLAND,  EXCLUDING  LONDON  AND  MONMOUTHSHIRE. 

Name  of  Parliamentary  Borough. 

ACCRINGTON. 

Contents  of  Parliamentary  Borough. 

Municipal  borough  of  Accrington  and  urban  districts  of  Church, 
Clayton -le-Moors,  Oswaldtwistle  and    Rishton. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

ASHTON-UNDER-LYNE. 

Contents  of  Parliamentary  Borough. 

Municipal  borough  of  Ashton-under-Lyne  and  urban  district  of 

Hurst. 
27(2) 


420  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE— con  td 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

BARNSLEY. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Barnsley  and  urban  districts  of  Ardsley, 
Darton  and  Monk  Bretton. 

Total  number  of  Members  for  Parliamentary  Borough. 

One, 

Names  of  Divisions  of 
Parliamentary  Borough.          Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

BARROW-IN-FURNESS. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Barrow-in-Furness. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

BATH. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Bath. 


PARLIAMENTARY  BOROUGHS.  421 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE — contd. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

BATLEY  AND  MORLEY, 

Contents  of  Parliamentary  Borough. 

'  Municipal  boroughs  of  Batley,  Morley  and  Ossett. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

BIRKENHEAD. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Birkenhead. 

Total  number  of  Members  for  Parliamentary  Borough. 

Two. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

EAST. 

Argyle,  Bebington,  Clifton,  Egerton  and  Mersey 
Wards,  together  with  the  part  of  the  borough  which 
lies  between  the  eastern  boundary  of  Argyle,  Mersey 
and  Bebington  Wards  and  the  centre  of  the  bed  of 
the  River  Mersey. 

WEST. 

Claughton,  Cleveland,  Grange  and  Oxton  Wards. 


422  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE— contd. 

Name  of  Parliamentary  Borough. 

BIRMINGHAM. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Birmingham. 

Total  number  of  Members  for  Parliamentary  Borough. 

Twelve. 

Names  of  Divisions  of 
Parliamentary  "Borough.          Contents  or  Boundaries  of  Divisions. 

ASTON  . 

Aston  Ward  and  Lozells  Ward  (except  those,  parts 
which  lie  between  the  southern  and  south-eastern 
boundaries  thereof  and  the  line  next  hereinafter  de- 
scribed) and  the  part  of  each  of  the  All  Saints  and 
St.  Mary's  Wards  which  lies  to  the  north  of  the  said 
line. 

The  line  above  referred  to  commences  at  the  south- 
west corner  of  Lozells  Ward  in  the  middle  of 
Hunter's  Road,  continues  south  along  the  middle  of 
that  road,  the  middle  of  Farm  Street,  Burbury 
Street,  Gordon  Street,  Berners  Street,  Clifford 
Street,  Guilclford  Street,  Paddington  Street,  Por- 
chester  Street,  Summer  Lane,  Asylum  Road,  High 
Street,  Phillips  Street,  Aston  Road  North,  White- 
house  Street,  Chester  Street  and  Avenue  Road  to 
the  middle  of  the  Birmingham  and  Fazeley  Canal, 
thence  in  a  north-easterly  direction  along  the  middle 
of  the  Canal  to  the  point  where  the  middle  of  the 
Canal  intersects  the  boundary  of  Aston  Ward. 

DERITEND. 

St.  Bartholomew's  and  St.  Martin's  and  Deritend 
Wards. 

DUDDESTON. 

Duddeston  and  Neehells  Ward,  St.  Mary's  Ward 
(except  the  part  thereof  included  in  the  Aston  Divi- 
sion), and  so  much  of  the  portion  of  Aston  Ward 


PARLIAMENTARY  BOROUGHS. 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE—COW^. 
which  is  not  included  in  the  Aston  Division  as  lies 
to  the  west  of  the  London  and  North  Western  Rail- 
way. 

EDGE  ASTON. 

Edgbaston,  Harborne  and  Market  Hall  Wards. 

ERDIXGTON. 

Erdington  North,  Erdington  South  and  Washwood 
Heath  Wards,  and  the  part  of  Aston  Ward  which 
is  not  included  in  the  Aston  and  the  Duddeston 
Divisions. 

HANDSWORTH. 

Handsworth,  Sandwell  and  Soho  Wards. 

KING'S  NORTON. 

Northfield  and  Selly  Oak  Wards  and  the  part  of 
King's  Norton  Ward  which  is  not  included  in  the 
Moseley  Division. 

LADYWOOD. 

Ladywood  and  Rotton  Park  Wards. 

MOSELEY. 

(a)  Acocks  Green  and  Sparkhill  Wards; 

(b)  The  parts  of  Balsall  Heath    and  Sparkbrook 
Wards  which  are  not  included  in  the    Sparkbrook 
Division; 

(c)  Moseley  and  King's  Heath  Ward    (except  the 
part  thereof  included  in  the  Sparkbrook  Division); 
and 

(d)  The  part  of  King's  Norton  Ward  which  lies 
to  the  north  of  Bells  Lane  and  to  the  east  and 
south-east  of  the  middle  of  Monyhull  Hall   Road 
and  Brandwood  Road. 

SPARKBROOK. 

(a)  Balsall  Heath  and  Sparkbrook  Wards  (except 
the  parts  thereof  which  lie  to  the  south  and  east  of 
the  line  hereinafter  described);  and 

(b)  The  part  of  Moseley  and  King's  Heath  Ward 
which  lies  to  the  north  of  the  last-mentioned  line. 


424  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE — contd. 
The  line  referred  to  in  paragraphs  (a)  and  (b)  above 
is  a  line  commencing  at  the  point  where  the  boun- 
dary between  Balsall  Heath,  and  Moseley  and 
Bong's  Hetath  Wardss  intersects  the  middle  of  Mose- 
ley Road,  thence  proceeding  along  the  middle  of 
that  road  to  Brighton  Road,  along  the  middle  of 
Brighton  Road,  Kingswood  Road,  Newport  Road, 
Church  Road,  Woodstock  Road,  and  Anderton  Park 
Road  to  Stoney  Lane,  thence  along  the  middle  of 
Stoney  Lane  to  the  middle  of  Stratford  Road,  thence 
along  the  middle  of  that  road,  the  middle  of  Wai- 
ford  Road  and  Golden  Hillock  Road  to  the  middle 
of  the  Birmingham  and  Warwick  Canal,  thence 
southerly  along  the  middle  of  that  canal  to  the 
middle  of  the  Great  Western  Railway,  thence  along 
the  middle  of  that  railway  to  its  intersection  with 
the  southern  boundary  of  Sparkbrook  Ward. 

WEST  BIRMINGHAM. 

St.  Paul's  Ward,  All  Saints  Ward  (except  the  part 
thereof  included  in  the  Aston  Division)  and  the  part 
of  Lozells  Ward  which  is  not  included  in  the  Aston 
Division. 

YARDLEY. 

Saltley,  Small  Heath  and  Yardley  Wards. 

Name  of  Parliamentary  Borough. 

BLACKBURN. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Blackburn. 

Total  number  of  Members  for  Parliamentary  Borough. 

Two. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


PARLIAMENTARY  BOROUGHS.  425 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE— contd. 

Name  of  Parliamentary  Borough. 

BLACKPOOL. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Blackpool,  urban  districts  of  Bispham  with 
Norbreck,  Lytham  and  St.  Anne's-on-the-Sea,  and  the  part 
of  the  civil  parish  of  Carleton  which  in  pursuance  of  the 
Blackpool  Improvement  Act,  1917,  becomes  part  of  the 
county  borough  of  Blackpool  on  1st  April,  1918. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

BOLTON. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Bolton. 

Total  number  of  Members  for  Parliamentary  Borough. 

Two. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

BOOTLE. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Bootle. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


426  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE— contd. 

Name  of  Parliamentary  Borough. 

BOURNEMOUTH. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Bournemouth. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

BRADFORD. 

Contents  of  Parliamentary  Borough. 

County  borough  c-f  Bradford . 

'Total  number  of  Members  for  Parliamentary  Borotigh. 

Four. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

CENTRAL. 

East,  Exchange,  Manningham,  North,  South  and 

West  Wards. ' 
EAST. 

Bradford  Moor,    East    Bowling,   Tong  and   West 

Bowling  Wards. 
NORTH. 

Allerton,    Bolton,    Eccloshill,    Heaton,    Idle    and 

Thornton  Wards. 
SOUTH. 

Great  Horton,  Lister  Hills,  Little  Horton,   North 

Bierley  East  and  North  Bierley  West  Wards. 


PARLIAMENTARY  BOROUGHS.  427 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE— contd. 

Name  of  Parliamentary  Borough. 

BRIGHTON. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Brighton  and  municipal  borough  of    Hove. 

Total  number  of  Members  for  Parliamentary  Borough. 

Two. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

BRISTOL. 

Contents  of  Parliamentary  BorougJt. 

County  borough  of  Bristol. 

Total  number  of  Members  for  Parliamentary  Borough. 

Five. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

CENTRAL. 

Central  East,  Central  West,  Eedcliff,  St.  Augus- 
tine, St.  James,  St.  Paul,  and  St.  Philip  and  Jacob 
South  Wards. 

EAST;. 

St.  George  East  and  St.  George  West  Wards;  the 
part  of  Easton  Ward  which  is  bounded  on  the 
north  by  a  line  commencing  at  the,  junction  of 
Stapleton  Road  with  the  road  leading  to  the  Staple- 
ton  Road  Railway  Station  and  proceeding  along  the 
middle  of  the  last-mentioned  road  to  the  backs  of 
the  houses  in  Berwick  Road  and  Henrietta  Street, 
thence  along  the  said  backs  of  houses  to  St.  Mark's 
Avenue,  along  the  middle  of  St.  Mark's  Avenue 
and  Bellevue  Road  to  the  southern  end  thereof, 
thence  in  a  straight  line  to  the  middle  of  King 
Street,  along  the  middle  of  King  Street  and  Chel- 


428 


REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 


(2)  ENGLANB,  excluding  LONDON  and  MONMOUTHSHIRE — contd. 
sea  Park  to  the  eastern  boundary  of  the  ward;  and 
the  part  of  Somerset  Ward  which  is  bounded  on 
the  west  by  a  line  commencing  in  the  Biver  Avon 
at  the  north-west  corner  of  the  Castle  Rope  Works 
and  proceeding  along  the  western  boundary  of  those 
works  and  the  eastern  boundary  of  Redcliff  Ceme- 
tery to  Bath  Road,  thence  along  the  middle  of  Bath 
Road  to  the  north-east  corner  of  the  Roman  Catho- 
lic Cemetery,  thence  along  the  eastern  and  southern 
boundaries  of  that  cemetery,  thence  in  a  southerly 
direction  along  the  western  boundary  of  the  en- 
closure which  adjoins  the  east  side  of  Arno's  Vale 
Cemetery,  thence  in  an  easterly  direction  along  the 
southern  boundary  of  the  last-mentioned  enclosure 
for  a  distance  of  200  feet,  thence  in  a  south-easterly 
direction  in  a  straight  line  to  the  junction  of  Ken- 
sington Park  Road  and  Lodway  Road,  and  thence 
along  the  middle  of  Lodway  Road  to  the  city  boun- 
dary in  Talbot  Road. 


NORTH. 


SOUTH. 


WEST. 


District,  St.  Philip  and  Jacob  North,  and  Staple- 
ton  Wards,  and  the  part  of  Easton  Ward  which  is 
not  included  in  the  East  Division. 

Bedminster  East,  Beclminster  West,  and  Southville 
Wards,  and  the  part  of  Somerset  Ward  which  is 
not  included  in  the  East  Division. 

Clifton  North,  Clifton  South,  Horfield,  Holland, 
St.  Michael  and  Westbury  on  Trym  Wards. 

Name  of  Parliamentary  Boroiigh. 

BROMLEY. 


Contents  of  Parliamentary  Borough. 

Municipal  borough  of  Bromley  and  urban  districts  of  Beckenham 

and  Penge. 


PARLIAMENTARY  BOROUGHS.  429 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE — contd. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

BURNLEY. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Burnley. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

BURY. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Bury  and  urban  district  of  Tottington, 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

CAMBRIDGE. 

Contents  of  Parliamentary  Borough. 

Municipal  borouch  of  Cambridge . 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 


430  REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIR 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

CARLISLE. 


.Contents  of  Parliamentary 

County  borough  of  Carlisle. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Division*. 


Name  of  Parliamentary  Borough. 

CHELTENHAM. 

Contents  of  Parliamentary  Borough. 

Municipal  borough  of  Cheltenham  and  urban  district  of  Charlton 

Kings. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Division* 


Name  of  Parliamentary  Borough. 

COVENTRY. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Coventry. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 


PARLIAMENTARY  BOROUGHS.  431 

'2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE— contd. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

CROYDON. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Croydon. 

Total  number  of  Members  for  Parliamentary  Borough. 

Two. 

N  mnes  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

NORTH. 

North,  South  Norwood  and  Upper  Norwood  Wards, 
SOUTH. 

Central,  East,  South  and  West  Wards. 

JVame  of  Parliamentary  Borough. 

DARLINGTON. 

Contents  of  Parliamentary  Borough. 
County  borough  of  Darlington. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

DERBY. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Derby. 


432  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE — contcl. 

Total  member  of  Members  for  Parliamentary  Borough. 

Two. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

DEWSBUKY. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Dewsbury. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

DUDLEY. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Dudley  and  civil  parish  of  Dudley  Castle  Hill, 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

EALING. 

Contents  of  Parliamentary  Borough. 

Municipal  borough  of  Baling . 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 


PARLIAMENTARY  BOROUGHS.  433 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE — contd. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

EAST   HAM. 

Contents  of  Parliamentary  Borough. 

County  borough  of  East  Ham. 

Total  number  of  Members  for  Parliamentary  Borough. 

Two. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

NORTH. 

Manor  Park,  Plashet  East  and  Plashet  West  Wards . 
SOUTH. 

Beckton  and  North  Woolwich,  Central  East  and 

Central  West  Wards. 

Name  of  Parliamentary  Borough. 

ECCLES.' 

Contents  of  Parliamentary  Borough. 

Municipal  borough  of  Eccles  and  urban  district  of  Swinton  and 

Pendlebury. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

EDMONTON. 

Contents  of  Parliamentary  Borough. 

Urban  district  of  Edmonton. 
F.  28 


4-'*4  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE— contd. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

EXETER. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Exeter,  including  Exeter  Castle  Yard  and 
Devon  County  Prison  and  Constabulary  Barracks. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

GATESHEAD. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Gateshead. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

GLOUCESTER. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Gloucester. 

Total  number  of  Members  for  Parliamentary  Borough. 
One. 


PARLIAMENTARY  BOROUGHS.  435 


(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE — ccmtd: 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

GREAT  YARMOUTH. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Great  Yarmouth. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

GRIMSBY. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Grimsby  and  urban  district  of   Cleethorpes. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

HALIFAX. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Halifax. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

28-(2) 


436  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE — contd. 

Name  of  Parliamentary  Borough. 

THE  HARTLEPOOLS. 

Contents  of  Parliamentary  Borough. 

County  borough  of  West  Hartlepool  and  municipal  borough  of 

Hartlepool. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

HASTINGS. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Hastings. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

HORNSEY. 

Contents  of  Parliamentary  Borough. 

Municipal  borough  of  Hornsey. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  'Contents  or  Boundaries  of  Divisions. 


PARLIAMENTARY  BOROUGHS.  437 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE— contd. 

Name  of  Parliamentary  Borough. 

HUDDERSFIELD. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Huddersfield. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

HYTHE. 

Contents  of  Parliamentary  Borough. 

Municipal  boroughs  of  Hythe  and  Folkestone,  the  urban  district 
of  Cheriton  and  so  much  of  the  urban  district  of  Sandgate  as 
is  not  comprised  in  the  municipal  borough  of  Folkestone. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

ILFORD. 

Contents  of  Parliamentary  Borough. 

Urban  district  of  Ilford. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


438  REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE— contd. 

Name  of  Parliamentary  Borough. 

IPSWICH. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Ipswich. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


.  Name  of  Parliamentary  Borough. 

KINGSTON-UPON-HULL . 

Contents  of  Parliamentary  Borough. 

County  borough  of  Kingston-upon-Hull. 

Total  number  of  Members  for  Parliamentary  Borough. 

Four. 

Names  of  Divisions  of 
Parliamentary  Borough.          Contents  or  Boundaries  of  Divisions. 

CENTRAL. 

Beverley,    East   Central,    My  ton,    Paragon,    West 

Central  and  Whitefriars  Wards. 
EAST. 

Alexandra,  Drypool  and  Southcoates  Wards. 
NORTH  WEST. 

Albert,  Botanic,  Newland  and  Park  Wards. 
SOUTH  WEST. 

Coltman,  North  Newington  and  South  Newington 

Wards. 

Name  of  Parliamentary  Borough. 

KINGSTON-UPON-THAMES . 

Contents  of  Parliamentary  Borough. 

Municipal  borough  of  Kingston-upon-Thames  and  urban  districts 
of  Surbiton,  and  The  Maidens  and  Coombe. 


PARLIAMENTARY  BOROUGHS.  439 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE — contd. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

LEEDS. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Leeds. 

Total  number  of  Members  for  Parliamentary  Borough. 

Six. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

CENTRA'L. 

Central,  Mill  Hill,  South  and  West  Wards;  the 
part  of  Brunswick  Ward  which  lies  to  the  south  of 
that  part  of  the  boundary  of  the  ancient  township 
of  Leeds  which  lies  between  the  ward  boundaries 
in  Buslingthorpe  Lane  and  Chapeltown  Road,  the 
part  of  Headingley  Ward  which  lies  to  the  east  and 
south  of  a  line  commencing  at  the  ward  boundary 
where  the  North  Eastern  Railway  Company's  Leeds 
Northern  Line  crosses  the  middle  of  the  river  Aire 
and  drawn  along  the  middle  of  that  railway  to  the 
footbridge  over  the  same  at  a  point  to  the  east  of 
the  bandstand  in  Buiiey  Recreation  Ground,  thence 
in  a  straight  line  to  the  middle  of  the  western  end 
of  Alexandra  Road,  thence  along  the  middle  of 
Alexandra  Road  to  Hyde  Park  Road,  thence  in  a 
southerly  direction  along  the  middle  of  Hyde  Park 
Road  to  the  ward  boundary  at  the  junction  of  that 
road  with  Woodsley  Road;  and  the  part  of  North 
West  Ward  which  lies  to  the  east  and  south  of  a 


440  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE— contd. 
line  commencing  at  the  ward  boundary  at  the  junc- 
tion of  Hyde  Park  Road  and  the  back  road  nearly 
opposite  Hyde  Park  Terrace  and  drawn  along  the 
middle  of  the  said  back  road  to  Woodhouse  Lane, 
thence  along  the  middle  of  Woodhouse  Lane,  St. 
Mark's  Street,  St.  Mark's  Road  and  New  Camp 
Road  to  the  ward  boundary  at  the  junction  of  the 
last-named  road,  Servia  Road  and  Servia  Terrace. 

NORTH. 

The  parts  of  Brunswick,  Headingley  and  North- 
West  Wards  which  are  not  included  in  the  Central 
Division,  and  the  part  of  North  Ward  which  is 
not  included  in  the  North-East  Division. 

NORTH-EAST. 

Roundhay,  Seacroft,  Shadwell  and  Crossgates 
Ward;  the  part  of  North  Ward  which  lies  to  the 
east  and  south  of  a  line  commencing  at  a  point  in 
the  ward  boundary  in  Harrogate  Road  opposite  the 
western  corner  of  the  Old  Church  Grave  Yard  and 
drawn  to  and  along  the  western,  southern  and  eastern 
walls  of  that  graveyard  to  ia  point  immediately  oppo- 
site the  south-eastern  corner  of  the  Old  Church, 
thence  proceeding  in  a  straight  line  to  the  middle 
of  the  roadway  at  the  head  of  the  lake  in  Gledhow 
Park,  thence  along  the  middle  of  the  Gledhow  Beck 
to  a  point  near  Tan  House  Well  where  the  beck 
is  joined  by  a  stream  which  passes  near  the  western 
side  of  Allerton  Grange,  thence  in  a  straight  line 
to  a  point  in  the  eastern  boundary  of  North  Ward 
where  that  boundary  coming  south  from  Oxley  Hill 
changes  direction  eastward  near  Donisthorpe  House; 
and  the  part  of  North-East  Ward  which  is  not  in- 
cluded in  the  South-East  Division. 

SOUTH. 

Holbeck  and  West  Hunslet  Wards,  and  the  part  of 
New  Wortley  Ward  which  lies  to  the  south  and  east 


PARLIAMENTARY  BOROUGHS.  441 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE— contd. 
of  a  line  commencing  at  the  ward  boundary  where 
the  footpath  leading  from  Gelderd  Road  to  the 
Upper  and  Lower  Wortley  Cemetery  crosses  the 
Great  Northern  Railway  Company's  West  Yorks 
Railway  and  drawn  along  the  middle  of  that  rail- 
way to  the  boundary  between  the  New  Wortley  and 
Holbeck  Wards  north-east  of  Holbeck  Railway 
Station. 

SOUTH-EAST. 

East  and  East  Hunslet  Wards  and  the  part  of 
North- East  Ward  which  lies  to  the  west  of  Ac- 
commodation Road  from  the  ward  boundary  in  Bur- 
mantofts  Street  to  the  ward  boundary  in  York  Road. 

WEST. 

Armley  and  Wortley  and  Bramley  Wards,  and  the 
part  of  New  Wortley  Ward  which  is  not  included 
in  the  South  Division. 

Name  of  Parliamentary  Borough. 

LEICESTER. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Leicester. 

Total  number  of  Members  for  Parliamentary  Borough. 

Three. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

EAST. 

Belgrave,  Latimer,  Spinney  Hill  and  West  Hum- 

berston  Wards. 
SOUTH.  f 

Aylstone,  Castle,  Charnwood,  De  Montfort,  Knigh- 

ton,  Martin's  and  Wycliffe  Wards. 
WEST.  i 

Abbey,    Newton,    St.    Margaret's,   Westcotes   and 

Wyggeston  Wards. 


442  REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE— contd. 

Name  of  Parliamentary  Borough. 

LEIGH. 

Contents  of  Parliamentary  Borough. 

Municipal  borough  of  Leigh  and  urban  districts  of  Atherton  and 
Tyldesley-with-Shakerley . 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

LEYTON. 

Contents  of  Parliamentary  Borough. 

Urban  district  of  Ley  ton. 

Total  number  of  Members  for  Parliamentary  Borough. 

Two. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

EAST. 

Cann  Hall,  Grove  Green,  Harrow  Green,  Leyton- 

stone,  and  Wanstead  Slip  Wards. 
WEST. 

Central,  Forest.  Lea  Bridge  and  Leyton  Wards. 

Name  of  Parliamentary  Borough. 

LINCOLN. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Lincoln  and  urban  district  of    Bracebridge. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 


PARLIAMENTARY  BOROUGHS.  443 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE— contd. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

LIVERPOOL. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Liverpool. 

Total  number  of  Members  for  Parliamentary  Borough. 

Eleven. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

EAST  TOXTETH. 

Aigburth,  Granby,  Sefton  Park  East  and  Sefton 
Park  West  Wards. 

EDGE  HILL. 

Edge  Hill  and  Low  Hill  Wards,  and  the  part  of 
Kensington  -Ward  which  lies  to  the  south  and  west 
of  a  line  drawn  from  the  western  boundary  of  the 
ward  along  the  middle  of  the  road  called  Kensing- 
ton to  its  junction  with  Holt  Road,  thence  in  a 
southerly  direction  along  the  middle  of  Holt  Road 
to  its  junction  with  Edge  Lane,  and  thence  in  an 
easterly  direction  along  the  middle  of  Edge  Lane 
to  the  eastern  boundary  of  the  ward. 

EVERTON. 

Everton  and  Netherfield  Wards. 
EXCHANGE. 

Abercromby,  Castle  Street,  Exchange,  Great 
George,  St.  Anne's  and  St.  Peter's  Wards,  and  the 
part  of  Vauxhall  Ward  which  lies  south  of  a  line 
drawn  from  a  point  in  the  centre  of  the  River 
Mersey  to  the  south  side  of  the  Prince's  Half-Tide 
Dock,  thence  in  a  southerly  direction  along  the 
Liverpool  Overhead  Railway  to  the  middle  of  Deni- 


444  REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE — contd. 
son  Street,  thence  along  the  middle  of  Denison 
Street  to  its  junction  with  Great  Howard  Street, 
thence  in  a  southerly  direction  along  the  middle  of 
Great  Howard  Street  and  Old  Hall  Street  to  the 
junction  of  the  latter  with  Old  Leeds  Street,  thence 
along  the  middle  of  Old  Leeds  Street  crossing  the 
Lancashire  and  Yorkshire  Railway  to  a  point  in 
Pall  Mall  opposite  the  middle  of  Leeds  Street, 
thence  in  an  easterly  direction  along  the  middle  of 
Leeds  Street  to  its  junction  with  Vauxhall  Road, 
thence  in  a  southerly  direction  along  the  middle  of 
Vauxhall  Road  to  its  junction  with  Midghall  Street, 
thence  along  the  middle  of  Midghall  Street  to  the 
ward  boundary  in  Mary  bone. 

FAIRFIELD. 

Fairfield  and  Old  Swan  Wards  and  the  part  of 
Kensington  Ward  which  is  not  included  in  the  Edge 
Hill  Division. 

KIRKDALE. 

Kirkdale  and  St.  Domingo  Wards. 

SCOTLAND. 

North  Scotland,  Sandhills  and  South  Scotland 
Wards,  and  the  part  of  Vauxhall  Ward  which  is 
not  included  in  the  Exchange  Division . 

WALTON. 

Fazakerley,  Walton  and  Warbreck  Wards. 

WAVERTREE. 

Allerton  Childwall  and  Little  Woolton,  Garston, 
Much  Woolton,  Wavertree  and  Wavertree  West 
Wards. 

WEST  DERBY. 

Anfield,  Breckficld  and  West  Derby  Wards. 
WEST  TOXTETH. 

Brunswick,  Dingle  and  Prince's  Park  Wards. 


PARLIAMENTARY  BOROUGHS.  445 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE — contd. 

Name  of  Parliamentary  Borough. 

MANCHESTER. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Manchester. 

Total  number  of  Members  for  Parliamentary  Borough. 

Ten. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

ARDWICK. 

Ardwick,  New  Cross  and  St.  Mark's  Wards. 
BLACKLEY. 

Blackley,  Crumpsall  and  Moston  Wards. 
CLAYTON. 

Beswick,  Bradford  and  Newton  Heath  Wards. 
EXCHANGE. 

Cheetham,  Collegiate  Church,  Exchange,    Oxford, 

St.  Ann's,  St.  Clement's  and  St.   John's  Wards, 

and  the  part  of  St.  Michael's  Ward  which  lies  to 

the  north-west  of  a  line  drawn  along  the  middle  of 

Rochdale  Road. 
GORTON. 

Gorton  North,  Gorton  South  and  Openshaw  Wards. 
HULME. 

Medlock  Street,  Moss  Side  West  and  St.  George's 

Wards. 
Moss  SIDE. 

All  Saints,  Moss  Side  East  and  St.  Luke's  Wards. 
PLATTING. 

Colly-hurst,  Harpurhey  and  Miles  Platting  Wards, 

and  the  part  of  St.  Michael's  Ward  which  is   not 

included  in  the  Exchange  Division. 
BUSHOLMB. 

Levenshulme,  Longsight  and  Rusholme  Wards. 

WlTHINGTON . 

Chorlton-cum-Hardy,    Didsbury    and    Withington 
Wards. 


446  REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE— contd. 

Name  of  Parliamentary  Borough. 

MIDDLESBROUGH. 

Contents  of  Parliamentary  Borotigh. 

County  borough  of  Middlesbrough . 

Total  number  of  Members  for  Parliamentary  Borough. 

Two. 

Names  of  Divisions  of 
Parliamentary  'Borough.  Contents  or  Boundaries  of  Divisions. 

EAST. 

Exchange,  Grove  Hill,  Ormesby,  St.  Hilda's   and 

Vulcan  Wards. 
WEST. 

Acklam,  Ayrsome,  Cannon,  Cleveland,  Linthorpe 

and  Newport  Wards. 

Name  of  Parliamentary  Borough. 

MORPETH. 

Contents  of  Parliamentary  Borough. 

Municipal  borough  of  Morpeth,  urban  districts  of  Ashington,  Bed- 
lingtonshire  and  Blyth,  and  civil  parishes  of  Hepscott,  Mor- 
peth Castle,  Newminster  and  Tranwell. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Pa  filamentary  Borough. 

NELSON  AND  COLNE. 

Contents  of  Parliamentary  Borough. 

Municipal  boroughs  of  Colne  and  Nelson,  urban  districts  of  Bar- 
rowford,  Brierfield  and  Trawden,  and  the  detached  part  of 
the  civil  parish  of  Foulridgo  which  is  bounded  on  the  north, 
west,  and  south  by  the  municipal  borough  of  Colne. 


PARLIAMENTARY  BOROUGHS.  447 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE— contd. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Barnes  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

NEWCASTLE-UNDEK-LYME. 

Contents  of  Parliamentary  Borough. 

Municipal  borough  of  Newcastle-under-Lyme  and  urban  districts 
of  Audley  and  Wolstanton  United. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

ya-mes  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of -Parliamentary  Borough. 

NE  WCASTLE-UPON-TYNE . 

Contents  of  Parliamentary  Borough. 

County  borough  of  Newcastle-upon-Tyne. 

Total  number  of  Members  for  Parliamentary  Borough. 

Four. 

Barnes  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

CENTRAL. 

All  Saints,  St.  John's,  St.  Nicholas,    Stephenson 

and  Westgate  Wards. 
EAST. 

Byker,  St.  Anthony's,  St.  Lawrence  and    Walker 

Wards. 
NORTH. 

Dene,    Heaton,    Jesmond,    St.  Andrew's   and    St. 

Thomas  Wards. 


448  REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE— contd. 
WEST. 

Armstrong,  Arthur's  Hill,  Ben  well,    Elswiek  and 
Fenham  Wards. 

Name  of  Parliamentary  Borough. 

NORTHAMPTON. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Northampton. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

NORWICH. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Norwich. 

Total  number  of  Members  for  Parliamentary  Borough. 

Two. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  oj  Parliamentary  Borough. 

NOTTINGHAM. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Nottingham. 

Total  number  of  Members  for  Parliamentary  Borough. 

Four. 


PARLIAMENTARY  BOROUGHS.  449 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE — contd. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

CENTRAL. 

Forest,  Market,  Robin  Hood,  St.  Ann's  and  Sher- 
wood Wards. 

EAST. 

Byron,  Manvers,  Mapperley  and  St.  Mary's  Wards. 

SOUTH. 

Bridge,  Castle,  Meadows  and  Trent  Wards. 

WEST. 

Broxtowe,  St.  Albans  and  Wollaton  Wards. 

Name  of  Parliamentary  Borough. 

OLDHAM. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Oldham. 

Total  number  of  Members  for  Parliamentary  Borough. 

Two. 

Names  of  Divisions  of 
Parliam&ntary  'Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

OXFORD. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Oxford. 
Total  number  of  Members  for  Parliamentary  Borough. 

One. 

•Names  of  Divisions  of 
Parliam&ntary  'Borough.  Contents  or  Boundaries  of  Divisions. 


F. 


29 


450  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE— contd. 

Name  of  Parliamentary  Borough. 

PLYMOUTH. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Plymouth. 
Total  number  of  Members  for  Parliamentary  Borough. 

Three. 

Names  of  Divisions  of 
Parliamentary  'Borough.  Contents  or  Boundaries  of  Divisions. 

DRAKE. 

Drake's,  Mount  Eclgcumbe,  Mutley,  Pennycross,  St. 

Peter's,  Stoke  and  Valletort  Wards. 
DEVONPORT. 

Ford,  Keyham,  Molesworth,  Nelson,  St.  Aubynand 

St.  Budeaux  Wards. 
SUTTON. 

Charles,  Compton,  Friary,  Laira,    St.    Andrew's, 

Sutton  and  Vintry  Wards. 

Name  of  Parliamentary  Borough. 

PORTSMOUTH. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Portsmouth. 
Total  number  of  Members  for  Parliamentary  Borough. 

Three. 

Names  of  Divisions  of 
Parliamentary  'Borough.  Contents  or  Boundaries  of  Divisions. 

CENTRAL. 

Buckland,  Fratton,  Kingston,  St.  Mary  and  Town 
Hall  Wards. 
NORTH. 

Charles  Dickens,  Mile  End,  North  End  and  Port- 
sea  Wards. 


PARLIAMENTARY  BOROUGHS.  451 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE—  contd. 

SOUTH. 

Havelook,  Highland,  St.  Paul,  St.  Simon  and  St. 
Thomas  Wards. 

Name  of  Parliamentary  Borough. 

PRESTON. 

Contents  of  Parliamentary  Borough. 
County  borough  of  Preston  and  urban  district  of  Fulwood. 

Total  number  of  Members  for  Parliamentary  Borough. 


Names  of  Divisions  of 
Parliamentary  'Boroiwh.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

READING. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Reading. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

I  Names  of  Divisioms  of 

Parliamentary  'Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

RICHMOND. 

Contents  of  Parliamentary  Borough. 

Municipal  borough  of  Richmond  and  urban  districts  of  Barnes 

and  Ham. 

29  (2) 


452  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE — contd, 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  'Borough.  Contents  or  Boundaries  of  Divisions. 


'Name  of-  Parliamentary  Borough. 

ROCHDALE. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Rochdale. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

•Names  of  Divisions  of  * 

Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  'Borough. 

ROCHESTER. 

Contents  of  Parliamentary  'Borough. 

Municipal  boroughs  of  Chatham,  Gillingham  and  Rochester. 

Total  number  of  Members  for  Parliamentary  Borough. 

Two. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

GILLINGHAM. 

Municipal  borough  of  Gillingham,  St.  Mary  Ward 
of  the  borough  of  Chatham,  and  the  part  of  the 
municipal  borough  of  Rochester  which  is.  not  in- 
cluded in  the  Chatham  Division. 

CHATHAM. 

Municipal  borough  of  Rochester  (except  the  part  of 
St.  Peter's  Ward  which  lies  to  the  north  and  east  of 
a  line  drawn,  in  prolongation  of  that  part  of  the 


PARLIAMENTARY  BOROUGHS.  453 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE — contd. 
borough  boundary  which  lias  between  St.  Bartholo- 
mew's Chapel  and  Boundary  Wharf,  to  the  borough 
boundary  in  the  Biver  Medway),  and  Luton  and  St. 
John  Wards  of  the  municipal  borough  of  Chatham. 

Name  of  Parliamentary  Borough. 

BOSSENDALE. 

Contents  of  Parliamentary  Borough. 

Municipal  boroughs  of  Bacup,  Haslingden  and  Bawtenstall. 

Total  ^number  of  Members  for  Parliamentary  Borough. 
One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  'Borough. 

EOTHEBHAM. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Botherham,  and  urban  districts  of  Greasbrough 

and  Bawmarsh. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliam&ntary  Borough. 

ST.  HELEN'S. 

Contents  of  Parliamentary  Borough. 

County  borough  of  St.  Helen's. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 


454     REPRESENTATION  OF  THE  PEOPLE  ACT,  1984. 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE— contd. 

Names  of  Divisidns  of 
Parliamentary  'Borough.  Contents  or  Boundaries  of  Divisions. 


i    Name  of  Parliamentary  'Borough. 

SALFORD. 

Contents  of  Parliamentary  borough. 
County  borough  of  Salford. 

Total  number  of  Members  'for  Parliamentary  Borough. 

Three. 

Names  of  Divisidns  of 
Parliamentary  Borough.          Contents  or  Boundaries  of  Divisions. 

NORTH. 

Albert  Park,  Charlestown,  Grosvenor,  Kersal  and 

St.  Matthias  Wards. 
SOUTH. 

Crescent,     Islington,    Ordsall,    Eegent,    Trafford, 

Trinity  and  Weaste  Wards. 
WEST. 

Hope,  St.  Paul,  St.  Thomas  and  Seedley  Wards. 

Name  of  Parliamentary  'Borough. 

SHEFFIELD. 

Contents  of  Parliamentary  \Borough. 

County  borough  of  Sheffield. 

Total  ^number  of  Members  for  Parliamentary  Borough. 

Seven. 

Names  of  Divisions  of 
Parliamentary  Borough.          Contents  or  Boundaries  of  Divisions. 

ATTERCLIFFE. 

Attercliffe  and  Daraall  Wards. 
BRIGHTSIDE. 

Brightside  and  Burngreave  Wards. 


PARLIAMENTARY  BOROUGHS.  455 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE— contd. 

CENTRAL. 

St.  Peter's  and  St.  Philip's  Wards,  and  the  part 
of  Broomhall  Ward  which  lies  to  the  east  of  a  line 
drawn  along  the  middle  of  Broomhall  Street  from 
the  point  where  that  street  intersects  the  northern 
boundary  of  the  ward  to  the  point  opposite  the 
middle  of  Hanover  Street,  thence  along  the  middle 
of  Hanover  Street  to  the  southern  boundary  of  the 
ward. 

ECCLESALL. 

Ecclesall  and  Sharrow  Wards. 

HALLAM. 

Crookesmoor  and  Hallam  Wards,  and  the  part  of 
Broomhall  Ward  which  is  not  included  in  the  Cen- 
tral Division. 

HlLLSBOROUGH. 

Hillsborough,  Neepsend  and  Walkley  Wards. 
PARK. 

Heeley  and  Park  Wards. 

Name  of  Parliamentary  Borough. 

SMETHWICK. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Smethwick. 

Total  number  of  Members  'for  Parliamentary  Thorough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.          Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

SOUTHAMPTON. 

Contents  of  Parliamentary  iBorough. 

County  borough  of  Southampton,  urban  district  of  Itchen,  and 
civil  parish  of  Bitterne. 


456  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE — contd. 

>       Total  "number  of  Members  for  Parliamentary  Borough. 

Two. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  'Borough. 

SOUTHEND-ON-SEA. 

Contents  of  Parliamentary  \Borough. 

County  borough  of  Southend-on-Sea. 

'        Total  Dumber  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  (Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

SOUTHPOET. 

Contents  of  Parliamentary  'Borough. 

County  borough  of  Southport.  . 
Total  plumber  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Division*. 


Name  of  Parliamentary  Borough. 

SOUTH    SHIELDS. 

Contents  of  Parliamentary  '\Borough. 

County  borough  of  South  Shields. 
Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.          Contents  or  Boundaries  of  Divisions. 


PARLIAMENTARY  BOROUGHS.  457 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE — contd. 

Name  of  Parliamentary  Borough. 

STOCKPOKT. 

Contents  of  Parliamentary  'Borough. 

County  borough  of  Stockport. 
Total  'number  of  Members  for  Parliamentary  Borough. 

Two. 

Names  of  Divisions  of 
Parliamentary  Borough.          Contents  or  Boundaries  of  Divisions. 


Name  of  Parliame>ntary  'Borough. 

STOCKTON-ON-TEES. 

Contents  of  Parliamentary  Borough. 

Municipal  boroughs  of  Stockton-on-Tees  and  Thornaby-on-Tees. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.          Contents  or  Boundaries  of  Divisions. 


!    Name  of  Parliamentary  Borough. 

STOKE-ON-TEENT. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Stoke-on-Trent. 

Total  number  of  Members  for  Parliamentary  Borough. 

Three. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

BURSLEM. 

Numbers  one,  two,  three,  four,  five,  six,  seven  and 
eight  Wards. 


458     REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE— contd. 

HANLEY. 

Numbers  nine,  ten,  eleven,  twelve,  thirteen,  four- 
teen, fifteen  and  sixteen  Wards. 
STOKE. 

Numbers  seventeen,  eighteen,  nineteen,  twenty, 
twenty-one,  twenty-two,  twenty-three,  twenty-four, 
twenty-live  and  twenty-six  Wards. 

'    Name  of  Parliamentary  'Borough. 

SUNDERLAND. 

Contents  of  Parliamentary  'Borough. 

County  borough  of  Sunderland  and  urban  district  of  Southwick- 

on-Wear. 

Total  Dumber  of  Members  for  Parliamentary  Borough. 

Two. 

Names  of  Divisions  of 
Parliamentary  Borough.          Contents  or  Boundaries  of  Divisions. 


'•    Name  of  Parliamentary  Borough. 

TOTTENHAM. 

Contents  of  Parliamentary  ^Borough. 

Urban  district  of  Tottenham. 

Total  number  of  Members  for  Parliamentary  Borough. 

Two. 

Names  of  Divisions  of 
Parliamentary  Borough.          Contents  or  Boundaries  of  Divisions. 

NORTH. 

Lower,  Middle  and  West  Green  Wards. 
SOUTH. 

Harringay,  High  Cross  and  St.  Ann's  Wards. 


PARLIAMENTARY  BOROUGHS.  459 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE—  contd. 

Name  of  Parliamentary  'Borough. 

TYNEMOUTH. 


of  Parliamentary  Borough. 

County  borough  of  Tynemouth. 

Total  number  of  Members  'for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.          Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

WAKEFIELD. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Waken1  eld. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.          Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  'Borough. 

WALLASEY. 

Contents  of  Parliamentary  'Borough. 

County  borough  of  Wallasey. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


460  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE— contd. 

Name  of  Parliam&ntary  'Borough. 

WALLSEND. 

C&ntents  of  Parliamentary  Borough. 

Municipal  borough  of  Wallsend  and  urban  districts  of  Gosforth, 
Longbenton  and  Weetslade. 

Total  number  of  Members  -for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.          Contents  or  Boundaries  of  Divisions. 


Name  of  Parliam&ntary  Borough. 

WALSALL. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Walsall. 

Total  number  of  Members  for  Parliamentary  Borough, 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.          Contents  or  Boundaries  of  Divisions. 


Name  of  Parliam&ntary  Borough. 

WALTHAMSTOW. 

Contents  of  Parliamentary  Borough. 

Urban  district  of  Walthamstow. 

Total  number  of  Members  for  Parliamentary  Borough. 


Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

EAST. 

Hale  End,  Hoe  Street  and  .Wood  Street  Wards, 


PARLIAMENTARY  BOROUGHS.  461 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE— contd. 
WEST. 

Iligham  Hill,  High  Street  and  St.  James   Street 
.Wards. 

Name  of  Parliamentary  Borough. 

WARRINGTON. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Warrington. 

Total  number  of  Members  'for  Parliamentary  Borough. 
One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

WEDNESBURY. 

'Contents  of  Parliamentary  Borough. 

Municipal  borough  of  Wednesbury,  and  urban  districts  of  Dar- 
laston  and  Tipton. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Division^  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliam&ntary  Borough. 

WEST  BROMWICH. 

Contents  of  Parliamentary  Borough. 

County  borough  of  West  Bromwich 


462  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE— contd. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.          Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

WEST  HAM. 

Contents  of  Parliamentary  Borough. 

County  borough  of  West  Ham. 

Total  number  of  Members  for  Parliamentary  Borough. 

Four. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

PLAISTOW. 

Hudsons  and  Plaistow  Wards,  and  the.  part  of 
Canning  Town  Ward  which  is  not  included  in  the 
Silvertown  Division. 

SlLVERTOWN. 

Custom  House  and  Silvertown,  and  Tidal  Basin 
Wards,  and  the  part  of  Canning  Town  Ward  which 
lies  to  the  south  and  east  of  a  line  drawn  from  the 
ward  boundary  in  Hermit  Eoad  along  the  middle  of 
Star  Lane  to  the  middle  of  the  Woolwich  Branch 
of  the  Great  Eastern  Eailway,  thence  southwards 
along  the  middle  of  that  railway  to  the  ward  boun- 
dary in  Barking  Eoad. 

.STRATFORD. 

Broadway,  Forest  Gate,  High  Street  and  New  Town 
Wards. 

UPTON. 

Park,  Upton  and  West  Ham  Wards. 


PARLIAMENTARY  BOROUGHS.  463 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE — contd. 

Name  of  Parliamentary  Borough. 

WIGAN. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Wigan. 

Total  number  of  Members  for  Parliamentary  BorougTi. 
One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

WILLESDEN. 

Contents  of  Parliamentary  Borough. 

Urban  district  of  Willesden. 

Total  (number  of  Members  for  Parliamentary  Borough. 

Two. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

EAST. 

Brondesbury  Park,  Cricklewood,  Kensal  Rise,  Mid 

Kilburn,  North  Kilburn  and  South  Kilburn  Wards. 
WEST. 

Church  End,  Harlesden*,  Roundwood,  Stonebridge 

and  Willesden  Green  Wards. 

Name  of  Parliamentary  Borough. 

WIMBLEDON. 

Contents  of  Parliamentary  Borough. 

Municipal  borough  of  Wimbledon,  and  urban  district  of  Merton 

and  Morden. 

'Total  number  of  Members  for  Parliamentary  'Borough. 

One. 


464  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE— contd. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

WOLVEBHAMPTON, 

Contents  of  Parliamentary  Borough. 

County  borough  of  Wolverhampton,  and  urban  districts  of  Bil- 
ston,  Coseley,  Heath  Town  or  Wednesfield  Heath,  Sedgley, 
Short  Heath,  Wednesfield  and  Willenhall. 

Total  number  of  Members  for  Parliamentary  Borough. 

Three. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

BlLSTON. 

Urban  districts  of  Bilston,  Coseley  and  Sedgley. 

EAST. 

St.  James's,  St.  Mary's,  and  St.  Peter's  Wards  of 
the  county  borough  of  Wolverhampton,  and  urban 
districts  of  Heath  Town  or  Wednesfield  Heath, 
Short  Heath,  Wednesfield  and  Willenhall. 

WEST. 

Blakenhall,  Deinstall,  Graiseley,  Merridale,  Park, 
St.  George's,  St.  John's,  St.  Mark's  and  St.  Mat- 
thew's Wards  of  the  county  borough  of  Wolver- 
hampton . 

Name  of  Parliamentary  Borough. 

WOBCESTEB,. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Worcester. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 


PARLIAMENTARY  BOROUGHS.  465 

(2)  ENGLAND,  excluding  LONDON  and  MONMOUTHSHIRE — contd. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

YORK. 

Contents  of  Parliamentary  Borough. 

County  borough  of  York  (with  York  Castle). 

Total  ^number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


(3)  WALES  AND  MONMOUTHSHIRE. 

Name  of  Parliamentary  Borough. 

CARDIFF. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Cardiff,  and  urban  district  of  Penarth. 

Total  •number  of  Members  for  Parliamentary  Borough. 
Three. 

Names  of  Division^  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

CENTRAL. 

Canton,  Cathays,  Central  and  Riverside\Wards  of 

county  borough  of  Cardiff. 
EAST. 

Park,  Roath  and  Splott  Wards  of  county  borough 

of  Cardiff. 
SOUTH. 

Adamsdown,    Grangetown    and    South    Wards   of 

county  borough  of  Cardiff  and   urban   district  of 

Penarth . 
F.  30 


466  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(3)  WALES  AND  MONMOUTHSHIRE— continued. 

Name  of  Parliamentary  Borough. 

CAENAEVON  DISTEICT  OF  BOEOUGHS. 

Contents  of  Parliamentary  Borough. 

Municipal  boroughs  of  Bangor,  Carnarvon,  Con  way  and  Pwllheli, 
urban  districts  of  Criccieth,  Llandudno,  Llanfairfechan  and 
Penmaenmawr,  and  civil  parish  of  Nevin. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

MEETHYE  TYDFIL. 

Contents  of  Parliamentary  Borough. 

County  borough  of  Merthyr  Tydfil,  and  urban  districts  of  Aber- 
dare  and  Mountain  Ash. 

Total  number  of  Members  for  Parliamentary  Borough. 

Two. 

Barnes  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

ABERDARE. 

Urban  districts  of  Aberdare  and  Mountain  Ash. 
MERTHYR. 

County  borough  of  Merthyr  Tydfil. 

Name  of  Parliamentary  Borouafh. 

NEWPOET. 

Co>ntents  of  Parliamentary  Borough. 

County  borough  of  Newport. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 


PARLIAMENTARY  BOROUGHS.  467 


(3)  WALES  AND  MONMOUTHSHIRE — continued. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

RHONDDA. 

ff 0n$ent*  of  Parliamentary  Borough. 

Urban  district  of  Rhondda. 

Total  number  of  Members  for  Parliamentary  Borough. 

Two. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

EAST. 

Numbers  seven,  eight,  nine  and  ten  .Wards,  and  the 
part  of  number  six  Ward  which  is  not  included  in 
the  West  Division. 

WEST. 

Numbers  one,  two,  three,  four  and  five  Wards,  and 
the  part  of  number  six  Ward  which  lies  to  the  west 
of  the  middle  of  the  River  Rhondda  and  is  known  as 
Tonypandy. 

Name  of  Parliamentary  Borough. 

SWANSEA. 

.Contents  of  Parliamentary  Borough. 

County  borough  of  Swansea. 

Total  number  of  Members  for  Parliamentary  Borough. 

Two. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

EAST. 

East,  Landore,  Morriston  and  St.  John's  Wards. 
WEST. 

Alexandra,    Bryn    Melyn,    Castle,     Ffynone,    St. 

Helen's  and  Victoria  Wards. 
30  (2) 


468  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(4)  BOROUGHS  IN  SCOTLAND. 

Name  of  Parliamentary  Borough. 

ABERDEEN. 

C&ntents  of  Parliamentary  Borough. 

County  of  the  City  of  Aberdeen. 

Total  Dumber  of  Members  for  Parliamentary  Borough. 

Two. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Greyfriars,  St.  Andrew,  St.  Clement,  St.  Machar, 
Torry  and  Woodside  Municipal  Wards. 
SOUTH. 

Ferryhill,  Rosemount,  Rubislaw,  Ruthrieston  and 
St.  Nicholas  Municipal  Wards. 

Name  of  Parliamentary  Borough. 

AYR  DISTRICT  OF  BURGHS. 

.Contents  of  Parliamentary  Borough. 

Burghs  of  Ayr,  Ardrossan,  Irvine,  Prestwick,  Saltcoats,  and 

Troon. 

Total  tyumber  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Division^  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

DUMBARTON  DISTRICT  OF.  BURGHS. 

Contents  of  Parliamentary  Borough. 

Burghs  of  Dumbarton  and  Clydebank. 


PARLIAMENTARY  BOROUGHS.  469 

(4)  BOROUGHS  IN  SCOTLAND — continued. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Division's  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

DUNDEE. 

Contents  of  Parliamentary  Borough. 

County  of  the  City  of  Dundee. 

Total  number  of  Members  for  Parliamentary  Borough. 

Two. 

flames  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

DUNFERMLINE  DISTRICT  OF  BURGHS. 

^        Tfontents  of  Parliamentary  Borough. 

Burghs  of  Dunfermline,  Cowdenbeath,  In verkei thing,  and 
Lochgelly. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  0f 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

EDINBURGH. 

'Contents  of  Parliamentary  Borough. 

County  of  the  City  of  Edinburgh  and  Burgh  of  Mueselburgh. 


470  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(4)  BOROUGHS  IN  SCOTLAND— continued. 

Total  number  of  Members  -for  Parliamentary  Borough. 

Five. 

'Names  of  Divisions  |o/ 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

CENTRAL. 

George  Square,  St.  Giles'  and  St.  Leonard's  Muni- 
cipal Wards  of  Edinburgh. 

EAST. 

Burgh  of  Musselburgh  and  Canongate  and  Porto- 
bello  Municipal  Wards  of  Edinburgh. 

NORTH. 

Broughton,  Calton,  St.  Andrew's  and  St.  Stephen's 
Municipal  Wards  of  Edinburgh. 

SOUTH. 

Merchiston,  Morningside,  and  Newington  Munici- 
pal Wards  of  Edinburgh. 

WEST. 

Dairy,  Gorgie,  Hay  market  and  St.  Bernard's  Muni- 
cipal Wards  of  Edinburgh. 

Name  of  Parliamentary  Borough. 

GLASGOW^. 

Contents  of  P'a-l'wnientary  Borough. 

County  of  the  City  of  Glasgow. 

Total  number  of  Members  for  Parliamentary  Borough. 

Fifteen. 

Names  of  Divisions  jo/ 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

BRIDGETON. 

That  portion  of  the  city  which  is  bounded  by  a 
line  commencing  at  a  point  on  the  centre  line  of 
London  Road,  where  the  road  is  crossed  by  the  Cale- 
donian Railway  (Glasgow  Lines),  thence  south- 
westward  and  southward  along  the  centre  line  of 
the  said  railway  to  where  it  joins  the  Caledonian 


PARLIAMENTARY  BOROUGHS.  471 

(4)  BOROUGHS  IN  SCOTLAND — continued. 
Railway  Branch  Line  from  Dalmarnock  to  Ruther- 
glen,  thence  southward  along  the  centre  line  of  the 
said  last-mentioned  railway  to  a  point  on  the  muni- 
cipal boundary  at  the  centre  line  of  the  River  Clyde, 
thence  south-westward  and  north-westward  along 
the  municipal  boundary  of  the  city  to  a  point  on  the 
centre  line  of  the  River  Clyde  about  77  yards  south- 
eastward from  the  centre  of  Rutherglen-  Bridge, 
thence  westward,  northward  and  westward  along  the 
centre  line  of -the  River  Clyde  to  the  centre  of  Albert 
Bridge,  thence  northward  along  the  centre  line  of 
Saltmarket  to  the  centre  line  of  Gallowgate,  thence 
eastward  along  the  centre  line  of  Gallowgate  to  the 
centre  line  of  Abercromby  Street,  thence  south- 
westward  along  the  centre  line  of  Abercromby  Street 
to  the  centre  line  of  Canning  Street,  thence  eastward 
along  the  centre  line  of  Canning  Street  and  London 
Road  to  the  point  of  commencement. 
CAMLACHIE  . 

That  portion  of  the  city  which  is  bounded  by  a  line 
commencing  at  a  point  on  the  municipal  boundary 
on  the  south-east  side  of  Cumbernauld  Road  where 
that  road  is  intersected  by  the  east  side  of  the  Cale- 
donian Railway  (Glasgow  Lines),  thence  southward 
along  the  municipal  boundary  to  a  point  about  299 
yards  north-westward  from  the  centre  of  Carntyne 
Road,  where  the  municipal  boundary  intersects  that 
road,  thence  north-westward  to  a  point  on  the  centre 
line  of  the  said  railway  380  yards  south  of  the 
centre  line  of  Cumbernauld  Road,  thence  south- 
westward  and  southward  along  the  centre  line  of 
the  said  railway  to  the  centre  line  of  London  Road, 
thence  westward  along  the  centre  line  of  London 
Road  and  Canning  Street  to  the  centre  line  of  Aber- 
cromby Street,  thence  north-eastward  along  the 
centre  line  of  Abercromby  Street  to  the  centre  line 


472  REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 

(4)  BOROUGHS  IN  SCOTLAND — continued). 
of  Gallowgate,  thence  westward  along  the  centre  line 
of  Gallowgate  to  the  centre  line  of  Sydney  Street, 
thence  northward  along  the  centre  line  of  Sydney 
Street  to  the  centre  line  of  Duke  Street,  thence 
eastward  along  the  centre  line  of  Duke  Street  to  the 
centre  line  of  Ark  Lane,  thence  northward  along 
the  centre  line  of  Ark  Lane  and  Firpark  Street 
to  the  centre  line  of  Alexandra  Parade,  thence  east- 
ward and  north-eastward  along  the  centre  line  of 
Alexandra  Parade,  and  Curnbernauld  Road  to  the 
east  side  of  the  Caledonian  Railway  (Glasgow 
Lines),  thence  southward  to  the  point  of  commence- 
ment. 
CATHCART. 

That  portion  of  the  city  which  is  bounded  by  a 
line  commencing  at  a  point  on  the  municipal  boun- 
dary at  the  centre  of  Kilmarnock  Road,  thence 
northward  along  the  centre  line  of  Kilmarnock  Road 
to  the  centre  line  of  the  River  Cart,  thence  south- 
eastward and  eastward  along  the  centre  line  of  the 
River  Cart  to  the  centre  line  of  Langside  Road  at 
Millbrae  Bridge,  thence  north-eastward  along  the 
centre  line  of  Langside  Road,  Millbrae  Road  and 
Langside  Road,  to  the  centre  line  of  the  main  avenue 
in  the  Queen's  Park  near  Victoria  Infirmary,  thence 
northward  along  the  centre  line  of  the  said  main 
avenue  to  the  centre  line  of  Queen's  Drive,  thence 
northward  along  the  centre  line  of  Victoria  Road 
to  the  centre  line  of  the  Glasgow  and  South  Western 
Railway  about  46  yards  north  of  the  centre  line  of 
Butterbiggins  Road,  thence  north-eastward  along 
the  centre  line  of  the  said  Glasgow  and  South 
Western  Railway  to  the  centre  line  of  the  Cale- 
donian Railway  Main  Line  from  Glasgow  to 
Rutherglen,  thence  south-eastward  along  the  centre 
line  of  the  said  Caledonian  Railway  to  the  muni- 


PARLIAMENTARY  BOROUGHS.  473 

(4)  BOROUGHS  IN  SCOTLAND — continued. 
cipal  boundary,  thence  south-westward  and  west- 
ward along  the  municipal  boundary  to  the  point  of 
commencement. 
CENTRAL. 

That  portion  of  the  city  whicli  is  bounded  by  a 
line  commencing  at  a  point  at  the  intersection  of  the 
centre  lines  of  Parliamentary  Road  and  Castle 
Street,  thence  southward  along  the  centre  line  of 
Castle  Street  to  the  centre  line  of  Alexandra  Parade, 
thence  eastward  along  the  centre  line  of  Alexandra 
Parade  to  the  centre  line  of  Firpark  Street,  thence 
southward  along  the  centre  line  of  Firpark  Street 
and  Ark  Lane  to  the  centre  line  of  Duke  Street, 
thence  westward  along  the  centre  line  of  Duke  Street 
to  the  centre  line  of  Sydney  Street,  thence  south- 
ward along  the  centre  line  of  Sj^dney  Street  to  the 
centre  line  of  Gallowgate,  thence  westward  along 
the  centre  line  of  Gallowgate  to  the  centre  line  of 
Saltmarket,  thence  southward  along  the  centre  line 
of  Saltmarket  and  Albert  Bridge  to  the  centre  line 
of  the  River  Clyde,  thence  westward  along  the  centre 
line  of  the  River  Clyde  to  a  point  in  line  with  the 
centre  line  of  McAlpine  Street,  thence  northward 
along  the  centre  line  of  McAlpine  Street,  Pitt 
Street  and  Scott  Street  to  the  centre  line  of  New 
City  Road,  thence  south-eastward  along  the  centre 
line  of  New  City  Road  and  Cowcaddens  to  the  centre 
line  of  Buchanan  Street,  thence  southward  along  the 
centre  line  of  Buchanan  Street  to  the  centre  line  of 
Parliamentary  Road,  thence  north-eastward  along 
the  centre  line  of  Parliamentary  Road  to  the  point 
of  commencement. 

GORBALS. 

That  portion  of  the  city  which  is  bounded  by  a 
line  commencing  at  a  point  on  the  municipal  boun- 
dary at  the  centre  line  of  the  River  Clyde  about  77 


474  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(4)  BOROUGHS  IN  SCOTLAND— continued. 
yards  east  of  the  centre  of  Rutherglen  Bridge, 
thence  south-westward  along  the  municipal  boun- 
dary to  the  centre  of  the  Caledonian  Eailway  Main 
Line  from  Glasgow  to  Rutherglen,  thence  north- 
westward along  the  centre  line  of  the  said  Cale- 
donian Eailway  to  the  centre  line  of  the  Glasgow 
and  South  Western  Eailway,  thence  south-westward 
along  the  centre  line  of  the  said  Glasgow  and  South 
Western  Eailway  to  the  centre  line  of  Victoria  Road, 
thence  northward  along  the  centre  line  of  Victoria 
Eoad,  Eglinton  Street,  Bridge  Street  and  Glasgow 
Bridge  to  the  centre  line  of  the  River  Clyde,  thence 
south-eastward  along  the  centre  line  of  the  River 
Clyde  to  the  point  of  commencement. 

Go  VAN. 

That  portion  of  the  city  which  is  bounded  by  a 
line  commencing  at  a  point  on  the  municipal  boun- 
dary at  the  centre  of  the  River  Clyde  in  line  with 
the  continuation  of  the  centre  line  of  Balmoral 
Street,  thence  eastward  along  tiie  centre  line  of  the 
River  Clyde  to  a  point  in  line  with  the  continua- 
tion of  the  centre  line  of  the  portion  of  Govan 
Eoad  to  the  west  of  Princes  Dock,  thence  southward 
to  and  along  the  centre  line  of  the  said  portion  of 
Govan  Road,  Whitefield  Eoad,  Church  Eoad  and 
continuation  thereof  to  the  centre  of  the  Glasgow 
and  Paisley  Joint  Eailway,  thence  westward  along 
the  centre  line  of  the  said  Glasgow  and  Paisley 
Joint  Eailway  to  the  municipal  boundary,  thence 
north-westward,  northward,  and  eastward  along  the 
municipal  boundary  to  the  point  of  commencement. 

BILLHEAD. 

That  portion  of  the  city  which  is  bounded  by  a 
line  commencing  at  a  point  in  the  municipal  boun- 
dary at  its  intersection  with  the  centre  line  of  the 
River  Kelvin,  thence  south-eastward,  southward  and 


PARLIAMENTARY  BOROUGHS.  475 

(4)  BOROUGHS  IN  SCOTLAND— con tinu ed. 
south-westward  along  the  centre  line  of  the  River 
Kelvin  to  the  centre  line  of  the  North  British  Rail- 
way (Stobcross  Branch),  thence  north-westward 
along  the  centre  of  the  said  North  British  Railway 
to  its  intersection  with  the  municipal  boundary, 
thence  north-eastward  along  the  municipal  boun- 
dary to  the  point  of  commencement. 

KELVINGROVE  . 

That  portion  of  the  city  which  is  bounded  by  a 
line  commencing  at  a  point  at  the  intersection  of 
the  centre  line  of  New  City  Road  and  Scott  Street, 
thence  southward  along  the  centre  line  of  Scott 
Street,  Pitt  Street  and  McAlpine  Street  and  con- 
tinuation thereof  to  the  centre  line  of  the  River 
Clyde,  thence  westward  along  the  centre  line  of  the 
River  Clyde  to  its  intersection  with  the  centre  line 
of  the  River  Kelvin,  thence  north-eastward  along 
the  centre  line  of  the  River  Kelvin  to  the  centre 
line  of  Great  Western  Road,  thence  south-eastward 
along  the  centre  line  of  Great  Western  Road  and 
New  City  Road  to  the  point  of  commencement. 

MARYHILL. 

That  portion  of  the  city  which  is  bounded  by  a 
line  commencing  at  a  point  on  the  municipal  boun- 
dary at  the  centre  line  of  the  North  British  Rail- 
way (Edinburgh  and  Glasgow  Line)  about  327 
yards  north  of  the  centre  of  Hawthorn  Street,  where 
the  said  North  British  Railway  intersects  that 
street,  thence  south-eastward  and  southward  along 
the  centre  of  the  said  North  British  Railway  to  the 
centre  line  of  Keppochhill  Road,  thence  south-west- 
ward and  westward  along  the  centre  Hue  of  Kep- 
pochhill Road  to  the  centre  line  of  Saracen  Street, 
thence  south-westward  along  the  centre  line  of  Fossil 
Road  to  the  centre  line  of  the  Forth  and  Clyde 
Canal,  thence  north-westward  along  the  centreline 


476  REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 

(4)  BOROUGHS  IN  SCOTLAND — continued. 
of  the  Forth  and  Clyde  Canal  to  a  point  in  line 
with  the  centre  line  of  Well  Eoad,  thence  south- 
westward  along  the  centre  line  of  Well  Eoad  to 
the  centre  line  of  New  City  Eoad,  thence  westward 
along  the  centre  line  of  Eaeberry  Street  and  Carl- 
ton  Gardens  to  the  centre  line  of  Belmont  Street, 
thence  south-westward  along  the  centre  line  of  Bel- 
mont Street  to  the  centre  line  of  the  Elver  Kelvin, 
thence  north-westward  along  the  centre  line  of  the 
Eiver  Kelvin  to  its  intersection  with  the  municipal 
boundary,  thence  north-eastward  and  south-east- 
ward along  the  municipal  boundary  to  the  point  of 
commencement. 

PABTICK. 

That  portion  of  the  city  which  is  bounded  by  a 
line  commencing  at  a  point  on  the  municipal  boun- 
dary at  the  centre  line  of  the  North  British  Eail- 
way (Stobcross  Branch),  thence  south-eastward 
along  the  centre  line  of  the  said  North  British  Eail- 
way  to  the  centre  line  of  the  Eiver  Kelvin,  thence 
south-westward  along  the  centre  line  of  the  Eiver 
Kelvin  to  the  centre  line  of  the  Eiver  Clyde,  thence 
westward  along  the  centre  line  of  the  Eiver  Clyde, 
to  the  municipal  boundary,  thence  northward  and 
north-eastward  along  the  municipal  boundary  to  the 
point  of  commencement. 

POLLOK. 

That  portion  of  the  city  which  is  bounded  by  a 
line  commencing  at  a  point  on  the  municipal  boun- 
dary at  the  centre  line  of  the  Glasgow  and  Paisley 
Joint  Eailway,  thence  eastward  along  the  centre 
line  of  the  said  Glasgow  and  Paisley  Joint  Eail- 
way and  the  Caledonian  Eailway  to  the  centre  line 
of  Shields  Eoad,  thence  southward  along  the  centre 
line  of  Shields  Eoad  to  the  centre  line  of  the  Glasgow 
and  South  Western  Eailway  (Paisley  Canal  Line), 


PARLIAMENTARY  BOROUGHS.  477 

(4)  BOROUGHS  IN  SCOTLAND — continued. 
thence  eastward  along  the  centre  line  of  the  said 
Glasgow  and  South  Western  Railway  to  the  centre 
line  of  Eglinton  Street,  thence  southward  along  the 
centre  line  of  Eglinton  Street  and  Victoria  Road 
to  the  centre  line  of  Queen's  Drive,  thence  southward 
along  the  centre  line  of  the  main  avenue  in  the 
Queen's  Park  to  the  centre  line  of  Langside  l£oad, 
thence  south-westward  along  the  centre  line  of 
Langside  Road  to  the  centre  line  of  Millbrae  Road, 
thence  south-westward  along  the  centre  line  of  Mill- 
brae  Road  and  Langside  Road  to  the  centre  line  of 
the  River  Cart  at  Millbrae  Bridge,  thence  westward 
and  north-westward  along  the  centre  line  of  the 
River  Cart  to  the  centre  line  of  Kilmarnock  Road, 
thence  southward  along  the  centre  line  of  Kilmar- 
nock Road  to  the  municipal  boundary,  thence  north- 
westward, south-westward,  northward,  westward 
and  northward  along  the  municipal  boundary  to 
the  point  of  commencement. 
ST.  ROLLOX. 

That  portion  of  the  city  which  is  bounded  by  a 
line  commencing  at  a  point  at  the  intersection  of 
Springburn  Road  and  Parliamentary  Road,  thence 
south-westward  along  the  centre  line  of  Parliamen- 
tary Road  to  the  centre  line  of  Buchanan  Street, 
thence  northward  along  the  centre  line  of  Buchanan 
-  Street  to  the  centre  line  of  Cowcaddens,  thence 
north-westward  along  the  centre  line  of  Cow- 
caddens, New  City  Road  and  Great  Western  Road 
to  the  centre  line  of  the  River  Kelvin,  thence  north- 
ward along  the  centre  line  of  the  River  Kelvin  to 
the  centre  line  of  Belmont  Street,  thence  north-east- 
ward along  the  centre  line  of  Belmont  Street  to  the 
centre  line  of  Carlton  Gardens,  thence  eastward 
along  the  centre  line  of  Carlton  Gardens  and  Rae- 
berry  Street  to  the  centre  line  of  New  City  Road, 


478  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(4)  BOROUGHS  IN  SCOTLAND— continued. 
thence  north-eastward  along  the  centre  line  of  Well 
Eoad  and  continuation  thereof  to  the  centre  line  of 
the  Forth  and  Clyde  Canal,  thence  south-eastward 
along  the  centre  line  of  the  Forth  and  Clyde  Canal 
to  the  centre  line  of  Fossil  Koad,  thence  north-east- 
ward along  the  centre  line  of  Fossil  Road  to  the 
0  centre  line  of  Saracen  Street,  thence  eastward  and 

north-eastward  along  the  centre  line  of  Keppoch- 
hill  Eoad  to  the  centre  of  the  North  British  Rail- 
way (Edinburgh  and  Glasgow  Line),  thence  south- 
westward  along  the  centre  line  of  the  said  North 
British  Eailway  to  the  centre  line  of  Fountainwell 
Koad,  thence  south-eastward  along  the  centre  line 
of  Fountainwell  Eoad  to  the  centre  line  of  Spring- 
burn  Eoad,  thence  southward  along  the  centre  line 
of  Springburn  Eoad  to  the  point  of  commencement. 

SHETTLESTON. 

That  portion  of  the  city  which  is  bounded  by  a 
line  commencing  at  a  point  on  the  municipal  boun- 
dary about  299  yards  north-westward  from  the 
centre  of  Carntyne  Eoad,  at  a  point  where  the  muni- 
cipal boundary  intersects  that  road,  thence  east- 
ward, south-eastward  and  westward  along  the  muni- 
cipal boundary  to  the  centre  of  the  Caledonian  Eail- 
way Branch  Line  from  Eutherglen  to  Dalmarnock, 
thence  northward  along  the  centre  line  of  the  said 
railway  until  it  joins  the  Caledonian  Eailway 
(Glasgow  Lines),  thence  northward,  north-east- 
ward, northward  and  north-eastward  along  the 
centre  line  of  the  last-mentioned  railway  to  a  point 
380  yards  south  of  the  centre  line  of  Cumbernauld 
Eoad,  thence  south-eastward  to  the  point  of  com- 
mencement. 

SPRINGBURN. 

That  portion  of  the  city  which  is  bounded  by  a 
line  commencing  at  a  point  on  the  municipal  boun- 


PARLIAMENTARY  BOROUGHS.  479 

(4)  BOROUGHS  IN  SCOTLAND— continued. 
dary  on  the  south-east  side  of  Curabernauld  Road, 
where  that  road  is  intersected  by  the  east  side  of 
the  Caledonian  Railway  (Glasgow  Lines),  thence 
northward  to  the  centre  line  of  Cumbernauld  Road, 
thence  south-westward  and  westward  along  the 
centre  line  of  Cumbernauld  Road  and  Alexandra 
Parade  to  the  centre  line  of  Castle  Street,  thence 
northward  along  the  centre  line  of  Castle  Street 
and  Springburn  Road  to  the  centre  line  of  Foun- 
tainwell  Road,  thence  north-westward  along  the 
centre  line  of  Fountainwell  Road  to  the  centre  line 
of  the  North  British  Railway  (Edinburgh  and  Glas- 
gow Line),  thence  northward  along  the  centre  line 
of  the  said  North  British  Railway  to  a  point  on 
the  municipal  boundary  about  327  j-ards  north  of 
the  centre  of  Hawthorn  Street,  where  the  said  North 
British  Railway  intersects  that  street,  thence  north- 
ward, eastward,  southward,  eastward,  southward, 
westward,  south-eastward  and  south-westward  along 
the  municipal  boundary  to  the  point  of  commence- 
ment. 
TRADESTON  . 

That  portion  of  the  city  which  is  bounded  by  a 
line  commencing  at  a  point  on  the  centre  of  Glas- 
gow Bridge  at  the  centre  line  of  the  River  Clyde, 
thence  southward  along  the  centre  line  of  Glasgow 
Bridge,  Bridge  Street  and  Eglinton  Street  to  the 
centre  line  of  the  Glasgow  and  South  Western  Rail- 
way at  Eglinton  Street  Station,  thence  westward 
along  the  centre  line  of  the  Glasgow  and  South 
Western  Railway  (Paisley  Canal  Line)  to  the  centre 
line  of  Shields  Road,  thence  northwards  along  the 
centre  line  of  Shields  Road  to  the  centre  line  of  the 
Caledonian  Railway,  thence  westward  along  the 
centre  line  of  the  said  Caledonian  Railway  and  the 
Glasgow  and  Paisley  Joint  Railway  to  a  point  in 


480  REPRESENTATION  OF  THE  PEOPLE  ACT,    1918. 

(4)  BOROUGHS  IN  SCOTLAND— continued. 
line  with  the  centre  line  of  Church  Road,  thence 
northward  along  the  centre  line  of  Church  Road, 
Whiteh'eld  Road,  and  the  portion  of  Go  van  Road  to 
the  west  of  Princes  Dock  and  continuation  thereof 
to  the  centre  line  of  the  River  Clyde,  thence  east- 
ward along  the  centre  line  of  the  River  Clyde  to 
the  point  of  commencement. 

Name  of  Parliamentary  Borough. 

GREENOCK. 

Contents  of  Parliamentary  Borough. 

Burgh  of  Green ock. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  vf 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

KIRKCALDY  DISTRICT  OF  BURGHS. 

Contents  of  Parliamentary  Borough. 

Burghs  of  Kirkcaldy,  Buckhaven  Methil  and  Innerleven,  Burntis- 
land,  Dysart  and  Kinghorn. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

LEITH. 

Contents  of  Parliamentary  Borough. 

Burgh  of    Leith. 


PARLIAMENTARY  BOROUGHS.  481 

(4)  BOROUGHS  IN  SCOTLAND — continued. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  pf 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

MONTROSE  DISTRICT  OP  BURGHS. 

Contents  of  Parliamentary  Borough. 

Burghs  of  Montrose,  Arbroath,  Brechin,  Forfar  and  Inverbervie, 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  -of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

PAISLEY. 

Contents  of  Parliamentary  Borough. 

Burgh  of  Paisley. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  pf 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  Borough. 

STIRLING  AND  FALKIRK  DISTRICT  OP  BURGHS. 

Contents  of  Parliamentary  Borough. 

Burghs  of  Stirling,  Falkirk  and  Grangemouth. 

Total  number  of  Members  for  Parliamentary  Borough. 

One. 

Names  of  Divisions  of 
Parliamentary  Borough.  Contents  or  Boundaries  of  Divisions. 

F.  31 


482      REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

PAKT  II. 

PARLIAMENTARY  COUNTIES. 
(1)  ENGLAND,  EXCLUDING  MONMOUTHSHIRE. 

Name  of  Parliamentary  County. 

BEDFORD. 

Contents  of  Parliamentary  County. 

The  administrative  county  of  Bedford. 

Total  number  of  Members  for  Parliamentary  County. 

Three. 

Names  of  Divisions  of 
Parliamentary  County.  Contents  or  Boundaries  of  Divisions. 

BEDFORD. 

The  rural  districts  of  Bedford  and  Eaton  Socon, 
the  municipal  borough  of  Bedford,  and  the  urban 
district  of  Kempston. 

LUTON. 

The  rural  district  of  Luton,  and  the  municipal 
boroughs  of  Dunstable  and  Luton. 

MID. 

The  rural  districts  of  Ampthill,  Biggleswade,  and 
Eaton  Bray,  and  the  urban  districts  of  Ampthill, 
Biggleswade,  and  Leigh  ton  Buzzard. 

Name  of  Parliamentary  County. 

BERKS. 

Contents  of  Parliamentary  County. 

The  administrative  county  of  Berks. 

Total  number  of  Members  for  Parliamentary  County. 

Three. 

Names  of  Divisions  of 
Parliamentary  County.  Contents  or  Boundaries  of  Divisions. 

ABINGDON. 

The  rural  districts  of  Abingdon,  Wallingford,  and 
Wantage,  the  part  of  the  rural  district  of  Bradfield 


PARLIAMENTARY  COUNTIES.  483 

(1)  ENGLAND,  EXCLUDING  MONMOUTHSHIRE—  continued. 

which  consists  of  the  civil  parishes  of  Ashamp- 
stead,  Basildon,  Frilsham,  Streatley,  and  Yatten- 
don,  the  part  of  the  rural  district  of  Faringdon 
which  is  within  the  administrative  county  of  Berks, 
the  municipal  boroughs  of  Abingdon  and  Walling- 
ford,  and  the  urban  district  of  Wantage. 

NEW  BURY. 

The  rural  districts  of  Hungerford  and  Newbury, 
the  part  of  the  rural  district  of  Bradfield  which  is 
not  included  in  the  Abingdon  Division,  the  part 
of  the  rural  district  of  Wokingham  which  is  not  in- 
cluded in  the  Windsor  Division,  and  the  municipal 
boroughs  of  Newbury  and  Wokingham. 

WINDSOR. 

The  rural  districts  of  Cookham,  Easthampstead,  and 
Windsor,  the  part  of  the  rural  district  of  Woking- 
ham which  consists  of  the  civil  parishes  of  Remen- 
ham,  Ruscombe,  Twyford,  and  Wargrave,  and  the 
municipal  boroughs  of  Maidenhead  and  New 
Windsor. 

Name  of  Parliamentary  County. 

BUCKS. 


(Contents  of  Parliamentary 

The  administrative  county  of  Bucks. 

Total  number  of  Members  fo>r  Parliamentary  County. 

Three. 

Names  of  Divisions  of 
Parliamentary  County.  Contents  or  Boundaries  of  Divisions. 

AYLESBURY. 

The  rural  district  of  Amersham,  the  part  of  the 
rural  district  of  Aylesbury  which  is  not  included 
in  the  Buckingham  Division,  the  part  of  the  rural 
district  of  Long  Crendon  which  consists  of  the 
81  (2) 


484  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(1)  ENGLAND,  EXCLUDING  MONMOUTHSHIRE— continued. 

civil  parish  of  Towersey,  the  part  of  the  rural  dis- 
trict of  Wycornbe  which  consists  of  the  civil  parishes 
of  Bledlow,  Bradenham,  Ellesborough,  Great  and 
Little  Hampden,  Great  and  Little  Kimble,  Hor- 
senden,  Hughenden,  Ilmer,  Monks  Bisborough, 
Princes  Bisborough,  Radnage,  Saunderton,  and 
Wendover,  the  municipal  borough  of  Aylesbury, 
and  the  urban  districts  of  Beaconsfield  and  Ches- 
ham. 

BUCKINGHAM. 

The  rural  districts  of  Buckingham,  Newport  Pag- 
n'ell,  Stratford  and  Wolverton,  Wing,  and  Winslow, 
the  part  of  the  rural  district  of  Aylesbury  which 
consists  of  the  civil  parishes  of  Ashenden,  Chears- 
ley,  Grendon  Underwood,  Kingswood,  Ludgershall, 
Woodham,  and  Wotton  Underwood,  the  part  of  the 
rural  district  of  Long  Grendon  which  is  not  in- 
cluded in  the  Aylesbury  Division,  the  municipal 
borough  of  Buckingham,  and  the  urban  districts  of 
Bletchley,  Newport  Pagnell,  and  Linslade. 

WYCOMBE  . 

The  rural  districts  of  Eton  and  Hambledon,  the 
part  of  the  rural  district  of  Wycombe  which  is  not 
included  in  the  Aylesbury  Division,  the  municipal 
borough  of  Chepping  Wycombe,  and  the  urban  dis- 
tricts of  Eton,  Mario w,  and  Slough. 

Name  of  Parliamentary  County. 

CAMBRIDGE. 

Contents  of  Parliamentary  County. 

The  administrative  county  of  Cambridge,  exclusive  of  the  part 
thereof  comprised  in  the  parliamentary  borough  of  Cambridge. 

Total  number  of  Members  for  Parliamentary  County. 

One. 

Names  of  Divisions  of 
'Parliamentary  County.  Contents  or  Boundaries  of  Divisions. 


PARLIAMENTARY  COUNTIES.  485 

(1)  ENGLAND,  EXCLUDING  MONMOUTHSHIRE — continued. 

Name  of  Parliamentary  County. 

CHESTER. 

Contents  of  Parliamentary  County. 

The  administrative  county  of  Chester  and  the  county  borough  of 

Chester. 

Total  number  of  Members  for  Parliamentary  County. 

Nine. 

Names  of  Divisions  of 
Parliamentary  County.  Contents  or  Boundaries  of  Divisions. 

ALTRINCHAM. 

The  part  of  the  rural  district  of  Bucklow  which  is 
not  included  in  the  Knutsford  Division,  and  the 
urban  districts  of  Altrincham,  Ashton-upon- 
Mersey,  Bowdon,  Cheadle  and  Gatley,  Hale,  Hand- 
forth,  Lymm,  and  Sale. 

CITY  OF  CHESTER. 

The  rural  district  of  Chester,  the  county  borough 
of  Chester,  and  the  urban  district  of  Hoole. 

CRE\VE. 

The  part  of  the  rural  district  of  Congleton  which 
consists  of  the  civil  parishes  of  Arclid,  Betchton, 
Church  Lawton,  Hassall,  Moreton-cum-Alcumlow, 
Odd  Rode,  Smallwood,  and  Wheelock,  the  part  of 
the  rural  district  of  Nantwich  which  consists  of 
the  civil  parishes  of  Barthomley,  Basford,  Church 
Coppenhall,  Chorlton,  Crewe,  Haslington,  Hough, 
Rope,  Shavington-cum-Gresty,  Stapeley,  Weston, 
Willaston,  Wistaston,  and  Wybunbury,  the  muni- 
cipal borough  of  Crewe,  and  the  urban  districts  of 
Alsager  and  Nantwich. 

EDDISBURY. 

The  rural  districts  of  Malpas  and  Tarvin,  the  part 
of  the  rural  district  of  Nantwioh  which  is  not  in- 
cluded in  the  Crewe  Division,  the  part  of  the  rural 


486      REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(1)  ENGLAND,  EXCLUDING  MONMOUTHSHIRE— continued. 

district  of  Northwich  which  consists  of  the:  civil 
parishes  of  Crowton,  Cuddington,  Darnhall,  Dela- 
mere,  Eddisbury,  Little  Budworth,  Marton,  Oak- 
mere,  and  Wimboldsley,  the  part  of  the  rural  dis- 
trict of  Runcorn  which  consists  of  the  civil  parishes 
of  Alvanley,  Frodsham,  Frodsham  Lordship, 
Helsby,  Kingsley,  Kingswood,  Mauley,  Newton- 
by-iFrodshain,  and  Norley,  and  the  urban  district 
of  Tarpoiiey. 

KNIITSFORD. 

The  part  of  the  rural  district  of  Bucklow  which 
consists  of  the  civil  parishes  of  Aston-by-Bud worth, 
Bexton,  Marthall-cum-Warford,  Mere,  Mobberley, 
Ollerton,  Peover  Inferior,  Peover  Superior,  Pick- 
mere,  Plumley,  Styal,  Tabley  Inferior,  Tabley 
Superior,  Tatton,  and  Toft;  the  part  of  the  rural 
district  of  Congleton  which  is  not  included  in  the 
Crewe,  Macclesfield,  and  Northwich  Divisions;  the 
part  of  the  rural  district  of  Macclesfield  which  con- 
sists of  the  civil  parishes  of  Adlington,  Butley, 
Capesthorne,  Chelford,  Chorley,  Fallibroome,  Great 
Warford,  Lower  Withington,  Marton,  Mottram  St. 
Andrew,  Nether  Alderley,  Newton,  Old  Withing- 
ton, Over  Alderley,  Poynton-with-Worth,  Prest- 
bury,  Siddington,  Snelson,  Tytherington,  Upton, 
and  Woodford;  the  part  of  the  rural  district  of 
Northwich  which  consists  of  the  civil  parishes  of 
Allostock,  Byley,  Lach  Dennis,  Lostock  Gralam, 
Nether  Peover,  Rudheath,  Sproston,  and  Whatcroft, 
the  part  of  the  rural  district  of  Runcorn  which  con- 
sists of  the  civil  parishes  of  Acton  Grange,  Antro- 
bus,  Appleton,  Crowley,  Daresbury,  Grappenhall, 
Hatton,  Higher  Whitley,  Keckwick,  Latchford 
Without,  Lower  Whitley,  Moore,  Newton  by  Dares- 
bury.  Preston  on  the  Hill,  Seven  Oaks,  Stockton 
Heath,  Stretton,  Thelwall,  Walton  Inferior,  and 


PARLIAMENTARY  COUNTIES.  487 

(1)  ENGLAND,  EXCLUDING  MONMOUTHSHIRE — continued. 

Walton  Superior;  and  the  urban  districts  of  Alder- 
ley  Edge,  Bollington,  Hazel  Grove  and  Bramhall, 
Knutsford,  and  Wilmslow. 

MACCLESFIELD. 

The  rural  district  of  Disley,  the  part  of  the  rural 
district  of  Congleton  which  consists  of  the  civil 
parishes  of  Hulmo  Walfield  and  Newbold  Astbury, 
the  part  of  the  rural  district  of  Macclesfield  which 
is  not  included  in  the  Knutsford  Division,  the  muni- 
cipal boroughs  of  Congleton  and  Macclesfield,  and 
the  urban  districts  of  Bredbury  and  Romiley,  Bug- 
lawton,  Compstall,  Marple,  and  Yeardsley-cum- 
Whaley. 

NORTHWICH. 

The  part  of  the  rural  district  of  Congleton  which 
consists  of  the  civil  parishes  of  Bradwall,  Elton, 
Moston,  and  Tetton,  the  part  of  the  rural  district 
of  Northwich  which  is  not  included  in  the  Edclis- 
bury  and  Knutsford  Divisions,  the  part  of  the  rural 
district  of  Euncorn  which  is  not  included  in  the 
Eddisbury  and  Knutsford  Divisions,  and  the  urban 
districts  of  Middlewich,  Northwich,  Runcorn,  Sand- 
bach,  and  Winsford. 

STALYBRIDGE  AND  HYDE. 

The  rural  district  of  Tintwistlc,  the  municipal 
boroughs  of  Dukinfield,  Hyde,  and  Stalybridge,  and 
the  urban  districts  of  Hollingworth  and  Mottram 
in  Longendale. 

WlRRAL. 

The  rural  district  of  Wirral,  and  the  urban  districts 
of  Bromborough,  Ellesmcre  Port  and  Whitby 
Higher  Bebington,  Hoylake  and  West  Kirby. 
Lower  Bebington,  and  Xeston  and  Parkgate. 


488      REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(1)  ENGLAND,  EXCLUDING  MONMOUTHSHIRE — continued. 

Name  of  Parliamentary  County. 

CORNWALL. 

'Contents  vf  Parliamentary  C aunty. 

The  administrative  county  of  Cornwall  and  the  Isles  of  Scilly . 

Total  number  of  Members  for  Parliamentary  County. 

Pive. 

Names  of  Divisions  of 
Parliamentary  County.  Contents  or  boundaries  of  Divisions. 

BODMIN. 

The  rural  districts  of  Liskeard  and  St.  Germans, 
the  part  of  the  rural  district  of  Bodmin  which  is 
not  included  in  the  Northern  Division,  the  part  of 
the  rural  district  of  St.  Austell  which  consists  of 
the  civil  parishes  of  St.  Sampson  and  Tywardreath, 
the  municipal  boroughs  of  Bodmin,  Fowey,  Lis- 
keard, Lostwithiel,  and  Saltash,  and  the  urban  dis- 
tricts of  Callington,  Looe,  and  Torpoint. 

CAMBORNE. 

The  rural  district  of  Redruth,  the  part  of  the  rural 
district  of  East  Kerrier  which  consists  of  the  civil 
parishes  of  Constantine,  Mabe,  and  Perranarwor- 
thal,  the  part  of  the  rural  district  of  Helston  which 
consists  of  the  civil  parishes  of  Crowan  and  Wen- 
dron,  the  part  of  the  rural  district  of  Truro  which 
consists  of  the  civil  parishes  of  Kea,  Kenwyn  Rural, 
Perranzabuloe,  St.  Agnes,  St.  Allen,  and  Trega- 
vethan,  the  municipal  borough  of  Helston,  and  the 
urban  districts  of  Camborne,  Hayle,  Phillack,  and 
Redruth. 

NORTHERN. 

The  rural  districts  of  Calstock,  Camelford,  Laun- 
ceston,  St.  Columb  Major,  and  Stratton,  the  part 
of  the  rural  district  of  Holsworthy  which  is  within 
the  administrative  county  of  Cornwall,  the  part  of 


PARLIAMENTARY  COUNTIES.  489 

(1)  ENGLAND,  EXCLUDING  MONMOUTHSHIRE— continued. 

the  rural  district  of  Bodmin  which  consists  of  the 
civil  parishes  of  Egloshayle,  St.  Endellion,  St. 
Kew,  St.  Minver  Highlands,  and  St.  Minver  Low- 
lands, the  municipal  borough  of  Launceston,  and 
the  urban  districts  of  Newquay,  Padstow,  Strat- 
ton  and  Bude,  and  Wadebridge. 

PENRYN  AND  EALMOUTH. 

The  part  of  the  rural  district  of  St.  AusteH.  which 
is  not  included  in  the  Bodmin  Division,  the  part  of 
each  of  the  rural  districts  of  East  Kerrier  and  Truro 
which  is  not  included  in  the  Camborne  Division, 
the  municipal  boroughs  of  Ealmouth,  Penryn,  and 
Truro,  and  the  urban  district  of  St.  Austell. 

ST.  IVES. 

The  rural  district  of  West  Penwith,  the  part  of  the 
rural  district  of  Helston  which  is  not  included  in  the 
Camborne  Division,  the  municipal  boroughs  of  Pen- 
zance  and  St.  Ives,  the  urban  districts  of  Ludgvan, 
Madron,  Paul,  and  St.  Just,  and  the  Seilly  Isles. 

Name  of  Parliamentary  County. 

.CUMBERLAND.- 

Contents  of  Parliamentary  County. 
The  administrative  county  of  Cumberland. 

Tlotal  dumber  bf  Members  for  Parliamentary  County. 

Four. 

Names  of  Divisions  of 
Parliamentary  Co.unty.  Contents  or  Boundaries  of  Divisions. 

NORTHERN. 

The  rural  districts  of  Brampton,  Carlisle,  and  Long- 
town,  the  part  of  the  rural  district  of  Wigton  which 
is  not  included  in  the  Workington  Division,  and 
the  urban  districts  of  Holme  Cultram  and  Wigton. 


490      REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(1)  ENGLAND,  EXCLUDING  MONMOUTHSHIRE — continued. 

PENRITH  AND  COCKERMOUTH  . 

The  rural  districts  of  Alston  with  Garrigill  and 
Penrith,  the  part  of  the  rural  district  of  Cocker- 
mouth  which  is  not  included  in  the  Working-ton 
Division,  and  the  urhan  districts  of  Cockermouth, 
Keswick,  and  Penrith. 

WHITEHAVEN. 

The  rural  district  of  Bootle,  the  part  of  the  rural 
district  of  Whitehaven  which  is  not  included  in  the 
Workington  Division,  the  municipal  borough  of 
Whitehaven,  and  the  urban  districts  of  Cleator 
Moor,  Egremont,  and  Millom. 

WORKINGTON. 

The  part  of  the  rural  district  of  Cockermouth  which 
consists  of  the  civil  parishes  of  Broughton,  Brough- 
ton  Moor,  Camerton,  Crosscanonby,  Dearham, 
Flimby,  Great  Clifton,  Little  Clifton,  Oughterside 
and  Allerby,  Ribton,  Seaton,  Stainburn,  Winscales, 
and  Workington  Rural,  the  part  of  the  rural  dis- 
trict of  Whitehaven  which  consists  of  the  civil 
parishes  of  Distington,  Moresby,  and  Weddicar,  the 
part  of  the  rural  district  of  Wigton  which  consists 
of  the  civil  parishes  of  Allonby,  Hay  ton  and  Mealo, 
and  West  Newton,  the  municipal  borough  of  Work- 
ington, and  the  urban  districts  of  Aiiecdon  and 
Frizington,  Aspatria,  Harrington,  and  Maryport. 

Name  of  Parliamentary  County. 

DERBY. 

.  Contents  of  Parliamentary  Comity. 

The  administrative  county  of  Derby. 

Total  member  of  Members  for  Parliamentary  County. 

Eight. 


PARLIAMENTARY  COUNTIES.  491 

(1)  ENGLAND,  EXCLUDING  MONMOUTHSHIRE— continued. 

Names  of  Divisions  of 
Parliamentary  County.  Contents  or  Boundaries  of  Divisions. 

BELPER. 

The  rural  district  of  Belper,  the  part  of  the  rural 
district  of  Kepton  which 'is  not  included  in  the 
Southern  and  Western  Divisions,  and  the  urban 
districts  of  Alfreton,  Belper,  and  Heage. 

CHESTERFIELD  . 

The  part  of  the  rural  district  of  Chesterfield  which 
consists  of  the  civil  parishes  of  Barlow,  Briming- 
ton,  Calow,  Hasland,  Sutton-cum-Duckmanton, 
Tapton,  Temple  Normanton,  and  Wingerworth,  the 
municipal  borough  of  Chesterfield,  and  the  urban 
districts  of  Brampton  and  Walton  and  Whitting- 
ton  and  Newbold. 

CLAY  CROSS. 

The  rural  district  of  Blackwell,  the  part  of  the 
rural  district  of  Chesterfield  which  is  not  included 
in  the  North  Eastern  and  Chesterfield  Divisions, 
and  the  urban  district  of  Clay  Cross. 

HIGH  PEAK. 

The  rural  district  of  Chapel-en-le-Frith  (except  the 
two  detached  parts  of  the  civil  parish  of  Derwent 
which  are  bounded  on  the  west  by  the  civil  parish 
of  Hathersage),  the  rural  districts  of  Glossop  Dale 
and  Hayfield,  the  portion  of  the  rural  district  of 
Bakewell  which  consists  of  the  two  detached  parts 
of  the  civil  parish  of  Outseats  which  are  bounded 
on  three  sides  by  the  civil  parish  of  Derwent,  the 
municipal  boroughs  of  Buxton  and  Glossop,  and 
the  urban  district  of  New  Mills. 

ILKESTON. 

The  rural  district  which  consists  of  the  civil  par- 
ishes of  Codnor  Park  and  Shipley,  the  municipal 
borough  of  Ilkeston,  and  the  urban  districts  of 
Heanor  and  Ripley. 


492      REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(1)  ENGLAND,  EXCLUDING  MONMOUTHSHIRE — continued. 

NORTH  EASTERN. 

The  rural  districts  of  Clowne  and  Norton,  the  part 
of  the  rural  district  of  Chesterfield  which  consists 
of  the  civil  parishes  of  Beighton,  Coal  Aston,  Dron- 
field  Woodhouse,  Eckington,  Holmesfield,  Killa- 
marsh,  Staveley,  and  tinstone,  and  the  urban  dis- 
tricts of  Bolsover  and  Dronfield. 

SOUTHERN  . 

The  rural  districts  of  Hartshorn  and  Seals  and 
Shardlow,  the  part  of  the  rural  district  of  Bepton 
which  consists  of  the  civil  parishes  of  Caldwell, 
Castle  Gresley,  Catton,  Coton  in  the  Elms,  Drake- 
low,  Linton,  Lullington,  Rosliston,  and  Walton- 
upon-Trent,  and  the  urban  districts  of  Alvaston 
and  Boulton,  Long  Eaton,  and  Swadlincote  District. 

WESTERN  . 

The  rural  districts  of  Ashbourno  and  Sudbury,  the 
rural  district  of  Bakewell  (except  the  two  detached 
parts  of  the  civil  parish  of  Outseats  which  are 
bounded  on  three  sides  by  the  civil  parish  of  Der- 
went),  the  part  of  the  rural  district  of  Bepton  which 
consists  of  the  civil  parishes  of  Barton  Blount, 
Church  Broughton,  Foston  and  Scropton,  Hatton, 
Hilton,  Hoon,  Mars  ton -on -Dove,  Osleston  and 
Thurvaston,  and  Sutton-on-the-Hill,  the  part  of  the 
rural  district  of  Chapel-en-le-Frith  which  consists 
of  the  two  detached  parts  of  the  civil  parish  of  Der- 
went  bounded  on  the  west  by  the  civil  parish  of 
Hathersage,  and  the  urban  districts  of  Ashbourne, 
Bakewell,  Baslow  and  Bubnell,  Bonsall,  Matlock, 
Matlock  Bath  and  Scarthin  Nick,  North  Darley, 
South  Darley,  and  Wirksworth. 


PARLIAMENTARY  COUNTIES.  493 

(1)  ENGLAND,  EXCLUDING  MONMOUTHSHIRE— oontinued r. 

Name  of  Parliamentary  County. 

DEVON. 

Contents  of  Parliamentary  County. 

The  administrative  county  of  Devon. 

Total  'number  of  Members  for  Parliamentary  County. 

Seven. 

Names  of  Divisions  jpf 
Parliamentary  County.  Contents  or  Boundaries  of  Divisions. 

BARN STAPLE. 

The  rural  districts  of  Barnstaple  and  Bideford  (in- 
cluding Lundy  Island),  the  municipal  boroughs  of 
Barnstaple  and  Bideford,  and  the  urban  districts 
of  Ilfracombe,  Lynton,  and  Northam. 

HOXITON  . 

The  rural  districts  of  Axminster  and  Honiton,  the 
part  of  the  rural  district  of  St.  Thomas  which  con- 
sists of  the  civil  parishes  of  Aylesbeare,  Bicton, 
Clyst  Honiton,  Clyst  St.  George,  Clyst  St.  Mary, 
Colaton  Raleigh,  East  Budleigh,  Farringdon, 
Lympstone,  Newton  Poppleford,  Otter  ton,  Rock- 
beare,  Sowton,  and  Woodbury,  the  municipal 
borough  of  Honiton,  and  the  urban  districts  of  Ax- 
minster,  Budleigh  Salterton,  Exmouth,  Ottery  St. 
Mary,  Seaton,  and  Sidmouth. 

SOUTH  MOLTON. 

The  rural  districts  of  Crediton,  Okehampton,  South 
Molton,  and  Torrington,  the  municipal  boroughs  of 
Great  Torrington,  Okehampton  and  South  Molton, 
and  the  urban  district  of  Crediton. 

TAVTSTOCK.  • 

The  rural  districts  of  Broadwoodwidger,  Plymp- 
ton  St.  Mary,  and  Tavistock,  the  part  of  the  rural 
district  of  Holsworthy  which  is  within  the  adminis- 
trative county  of  Devon,  and  the  urban  districts  of 
Holsworthy,  Ivybridge,  and  Tavistock. 


494.  REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 

(1)  ENGLAND,  EXCLUDING  MONMOUTHSHIRE — continued. 

TlVERTON. 

The  rural  districts  of  Oulmstock  and  Tiverton,  the 
part  of  the  rural  district  of  Newton  Abbot  which 
consists  of  the  civil  parish  of  West  Dawlish,  the 
part  of  the  rural  district  of  St.  Thomas  which  is 
not  included  in  the  Honiton  Division,  the  municipal 
borough  of  Tiverton,  and  the  urban  districts  of 
Bampton  and  Dawlish. 

TORQUAY. 

The  part  of  the  rural  district  of  Newton  Abbot 
which  consists  of  the  civil  parishes  of  Cockington 
and  Stokeinteignhead,  the  part  of  the  rural  district 
of  Totnes  which  consists  of  the  civil  parishes  of 
Churston  Ferrers,  Kingswear,  Marldon,  and  Stoke 
Gabriel,  the  municipal  boroughs  of  Dartmouth  and 
Torquay,  and  the  urban  districts  of  Brixham  and 
Paignton. 

TOTNES. 

The  rural  district  of  Kingsbridge,  the  part  of  the 
rural  district  of  Newton  Abbott  which  is  not  in- 
cluded in  the  Tiverton  and  Torquay  Divisions,  the 
part  of  the  rural  district  of  Totnes  which  is  not 
included  in  the  Torquay  Division,  the  municipal 
borough  of  Totnes,  and  the  urban  districts  of  Ash- 
burton,  Buckfastleigh,  Kingsbridge,  Newton  Abbot, 
Salcombe,  and  Teignmouth. 

Name  of  Parliamentary  County. 

DORSET. 

• 

Contents  of  Parliamentary  County. 

The  administrative  county  of  Dorset. 

Toi«l  number  of  Members  for  Parliamentary  County. 
Pour. 


PARLIAMENTARY  COUNTIES.  495 


(1)  ENGLAND,  EXCLUDING  MONMOUTHSHIRE — continued. 

es  of  Divisio 
\mentary  Co. 

EASTERN. 


Names  of  Divisions  .of 
Parliamentary  County.  Contents  or  Boundaries  of  Divisions. 


The  rural  district  of  Poole,  the  part  of  the  rural 
district  of  Wimborne  and  Cranborne  which  consists 
of  the  civil  parishes  of  Aimer,  Chalbury,  Colehill, 
Corfe  Mullen,  Hampreston,  Hinton  Martell,  Hinton 
Parva,  Holt,  More  Critchel,  Pamphill,  Shapwick, 
Sturminster  Marshall,  West  Parley,  and  Witchamp- 
ton,  the  municipal  borough  of  Poole,  and  the  urban 
district  of  Wimborne  Minster. 

NORTHERN. 

The  rural  districts  of  Blandford,  Shaftesbury,  Sher- 
borne,  and  Sturminster,  the  part  of  the  rural  district 
of  Wimborne  and  Cranborne  which  is  not  included 
in  the  Eastern  Division,  the  municipal  boroughs  of 
Blandford  Forum  and  Shaftesbury,  and  the  urban 
district  of  Sherborne. 

SOUTHERN. 

The  rural  district  of  Wareham  and  Purbeck,  the 
part  of  the  rural  district  of  Weymouth  which  is  not 
included  in  the  Western  Division,  the  municipal 
boroughs  of  Wareham  and  Weymouth  and  Mel- 
combe  Regis,  and  the  urban  districts  of  Portland 
and  Swanage. 

WESTERN. 

The  rural  districts  of  Beaminster,  Bridport,  Cerne 
and  Dorchester,  the  part  of  the  rural  district  of 
Weymouth  which  consists  of  the  civil  parishes  of 
Abbotsbury,  Langton  Herring  and  Portisham,  and 
the  municipal  boroughs  of  Bridport,  Dorchester,  and 
Lyme  Regis. 


496  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(1)  ENGLAND,  EXCLUDING  MONMOUTHSHIRE— -continued. 

Name  of  Parliamentary  County. 

DURHAM. 

'Contents  of  Parliamentary  County. 

The  administrative  county  of  Durham   exclusive  of  the  parts 
thereof  comprised  in  parliamentary  boroughs. 

Total  number  of  Members  for  Parliamentary  (Bounty. 

Eleven. 

Names  of  Divisions  of 
Parliamentary  County.  Contents  or  Boundaries  of  Divisions. 

BARNARD  CASTLE. 

The  rural  districts  of  Barnard  Castle  and  Wear- 
dale,  the  part  of  the  rural  district  of  Auckland 
which  consists  of  the  civil  parishes  of  Hamsteiiey 
and  South  Bedburn,  the  part  of  the  rural  district 
of  Lanchester  which  is  not  included  in  the  Consett 
and  Spennymoor  Divisions,  and  the  urban  districts 
of  Barnard  Castle  and  Stanhope. 

BISHOP  AUCKLAND. 

The  part  of  the  rural  district  of  Auckland  which 
is  not  included  in  the  Barnard  Castle  and  Spenny- 
moor Divisions,  and  the  urban  districts  of  Bishop 
Auckland  and  Shildon. 

BLAYDON. 

The  urban  districts  of  Blaydon,  Eyton,  Tanfield, 
and  Whickham . 

CHESTER-LE-STREET  . 

The  rural  district  of  Chester-le-Street,  and  the 
urban  district  of  Chester-le-Street. 

CONSETT. 

The  part  of  the  rural  district  of  Lanchester  which 
consists  of  the  civil  parishes  of  Craghead,  Ebch es- 
ter, Healeyfield,  Knitsley,  and  Medomsley,  and  the 
urban  districts  of  Annfield  Plain,  Benfieldside,  Con- 
sett,  Leadgate,  and  Stanley. 


PARLIAMENTARY  COUNTIES.  497 

(1)  ENGLAND,  EXCLUDING  MONMOUTHSHIRE — continued. 

DURHAM. 

The  rural  district  of  Durham  (except  the  civil 
parish  of  Brancepeth),  the  part  of  the  rural  district 
of  Houghton-le-Spring  which  consists  of  the  civil 
parishes  of  East  Eainton,  Great  Eppleton,  Little 
Eppleton,  Moor  House,  Moorsley,  and  West  Kain- 
ton,  the  municipal  borough  of  Durham,  and  the 
urban  district  of  Hetton. 

HOUGHTON-LE-SPRING . 

The  rural  districts  of  South  Shields  and  Sunder- 
land,  the  part  of  the  rural  district  of  Houghton-le- 
Spring  which  is  not  included  in  the  Durham  Divi- 
sion, and  the  urban  district  of  Houghton-le-Spring. 

J  ARROW. 

The  municipal  borough  of  Jarrow,  and  the  urban 
districts  of  Felling  and  Hebburn. 

SEAHAM  . 

The  rural  district  .of  Easington,  and  the  urban  dis- 
trict of  Seaham  Harbour. 

SEDGEFIELD  . 

The  rural  districts  of  Darlington,  Hartlepool, 
Sedgefield,  and  Stockton. 

SPENNYMOOR. 

The  part  of  the  rural  district  of  Auckland  which 
consists  of  the  civil  parishes  of  Helmington  Row, 
Hunwick  and  Helmington,  and  North  Bedburn,  the 
part  of  the  rural  district  of  Durham  which  con- 
sists of  the  civil  parish  of  Brancepeth,  the  part  of 
the  rural  district  of  Lanchester  which  consists  of 
the  civil  parish  of  Hedleyhope,  and  the  urban  dis- 
tricts of  Brandon  and  Byshottles,  Crook,  Spenn\  - 
moor,  Tow  Law,  and  Wellington. 

F.  32 


498     REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(1)  ENGLAND,  EXCLUDING  MONMOUTHSHIRE — continued. 

Name  of  Parliamentary  County. 

ESSEX. 

Contents  of  Parliamentary  County. 

The  administrative  county  of  Essex  exclusive  of  the  parts  thereof 
comprised  in  parliamentary  boroughs. 

Total  number  of  Members  for  Parliamentary  County. 
Eight. 

Names  of  Divisiom  of 
Parliamentary  County.  Contents  or  Boundaries  of  Divisions. 

CHELMSFORD. 

The  rural  districts  of  Chelmsford  and  Ongar,  the 
part  of  the  rural  district  of  Billericay  which  con- 
sists of  the  civil  parishes  of  Hutton,  Ingrave, 
Mountnessing,  Shenfield,  and  South  Weald,  the 
municipal  borough  of  Chelmsford,  and  the  urban 
district  of  Brentwood. 

COLCHESTER. 

The  rural  district  of  Lexden  and  Winstree  (except 
the  detached  part  of  the  civil  parish  of  Inworth 
which  is  wholly  surrounded  by  the  civil  parishes 
of  Great  Braxted  and  Kelvedon),  and  the  municipal 
borough  of  Colchester. 

EPPING. 

:The  rural  district  of  Epjnng,  and  the  urban  dis- 
tricts of  Buckhurst  Hill,  Chingford,  Epping, 
Loughton,  Waltham  Holy  Cross,  Wanstead,  and 
.Woodford. 

HARWICH. 

The  rural  district  of  Tendring,  the  municipal 
borough  of  Harwich,  and  the  urban  districts  of 
Brightlingsea,  Clacton,  Frinton-on-Sea,  Walton- 
on-the-Naze,  and  Wivenhoe. 

MALDON. 

The  rural  district  of  Braintree  (with  the  detached 
part  of  the  civil  parish  of  Inworth  which  is  wholly 


PARLIAMENTARY  COUNTIES.  499 

(1)  ENGLAND,  EXCLUDING  MONMOUTHSHIRE — continued. 

surrounded  by  the  civil  parishes  of  Great  Braxted 
and  Kelvedon),  the  rural  district  of  Maldon,  the 
municipal  borough  of  Maldon,  and  the  urban  dis- 
tricts of  Braintree,  Burnham-on-Crouch,  and 
Witham. 

BOMFORD. 

The  rural  district  of  Romford,  and  the  urban  dis- 
tricts of  Barking  Town  and  Romford. 

SAFFRON  WALDEN. 

The  rural  districts  of  Belchamp,  Bumpstead,  Dun- 
mow,  Halstead,  Saffron  Walden,  and  Stansted,  the 
municipal  borough  of  Saffron  Walden,  and  the  urban 
district  of  Halstead. 

SOUTH-EASTERN  . 

The  rural  districts  of  Orsett  and  Rochf  ord,  the  part 
of  the  rural  district  of  Billericay  which  is  not  in- 
cluded in  the  Chelmsford  Division,  and  the  urban 
districts  of  Grays  Thurrock,  Shoeburyness,  and 
Tilbury. 

Name  of  Parliamentary  County. 

GLOUCESTER. 

Contents  of  Parliamentary  County, 

The  administrative  county  of  Gloucester  exclusive  of   the    parts 
thereof  comprised  in  the  parliamentary  borough  of  Cheltenham. 

Total  number  of  Members  for  Parliamentary  County. 

Four. 

Names  of  Divisions  of 
Parliamentary  Co.unty.  Contents  or  Boundaries  of  Divisions. 

ClRENCESTER   AND    TEWKESBURY. 

The  rural  districts  of  Campden,  Cirencester,  Mars- 
ton  Sicca,  Northleach,  and  Pebworth,  the  part  of 
each  of  the  rural  districts  of  Faringdon,  Stow-on- 


500      REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(1)  ENGLAND,  EXCLUDING  MONMOUTHSHIRE — continued. 

the-Wold,  Tctbury,  Tewkesbury,  and  Winchcomb 
which  is  within  the  administrative  county  of  Glou- 
cester, the  part  of  the  rural  district  of  Cheltenham 
which  consists  of  the  civil  parishes  of  Prestbury, 
Swindon,  and  Uckington,  the  municipal  borough 
of  Tewkesbury,  and  the  urban  districts  of  Ciren- 
cester,  Stow-on-the-Wold,  and  Tetbury. 

FOREST  OF  DEAN. 

The  rural  distri  t«  of  East  Dean  and  united  parishes, 
Lydney,  Newent,  and  "West  Dean,  the  part  of  the 
rural  district  of  Gloucester  which  consists  of  the 
civil  parishes  of  Ashleworth,  Highnam  Over  and 
Linton,  Lassington,  and  Maisemore,  and  the  urban 
districts  of  Awre,  Coleford,  Newnham,  and  West- 
bury-on-Severn. 

STROUD. 

The  rural  districts  of  Dursley,  Stroud,  and 
Wheatenhurst,  the  part  of  the  rural  district  of 
Cheltenham  which  is  not  included  in  the  Ciren- 
cester  and  Tewkesbury  Division,  the  part  of  the 
rural  district  of  Gloucester  which  is  not  included 
in  the  Forest  of  Dean  Division,  and  the  urban  dis- 
tricts of  Nailsworth  and  Stroud. 

THORNBURY. 

The  rural  districts  of  Chipping  Sodbury,  Thorn- 
bury,  and  Warmley,  and  the  urban  district  of 
Kingswood . 

Name  of  Parliamentary  County. 

HANTS. 

Oontents  of  Parliamentary  County. 

The  administrative  county  of  Southampton,  exclusive  of  the  parts 
thereof  comprised  in  the  parliamentary  borough  of  South- 
ampton . 


PARLIAMENTARY  COUNTIES.  501 

(1)  ENGLAND,  EXCLUDING  MONMOUTHSHIRE — continued. 

Total  number  of  Members  for  Parliamentary  County. 

Six. 

Names  of  Divisions  of 
Parliamentary  Coynty.  Contents  &r  Boundaries  of  Divisions. 

ALDERSHOT. 

The  rural  district  of  Hartley  Wintney,  and  the 
urban  districts  of  Aldershot,  Farnborough,  and 
Fleet. 

BASINGSTOKE  . 

The  rural  districts  of  Andover,  Basingstoke,  Kings- 
clere,  Stockbridge,  and  Whitchurch,  and  the  muni- 
cipal boroughs  of  Andover  and  Basingstoke. 

FAREHAM. 

The  rural  districts  of  Fareham  and  Havant,  and  the 
urban  districts  of  Fareham,  Gosport  and  Alver- 
stoke,  Havant,  and  Warblington. 

NEW  FOREST  AND  CHRISTCHURCH. 

The  rural  districts  of  Christcliurcli,  Fordingbridge, 
Lymington,  New  Forest,  Ringwood,  and  Romsey, 
and  the  municipal  boroughs  of  Christchurch, 
Lymington,  and  Romsey. 

PETERSFIELD  . 

The  rural  districts  of  Alresford,  Alton,  Gathering- 
ton,  Droxford,  and  Petersfield,  and  the  urban  dis- 
tricts of  Alton  and  Petersfield. 

WINCHESTER. 

The  rural  districts  of  Hursley  and  Winchester,  the 
rural  district  of  South  Stoneham  (except  the  civil 
parish  of  Bittern c),  the  municipal  borough  of  Win- 
chester, and  the  urban  district  of  Eastleigh  and 
Bishopstoke. 

Name  of  Parliamentary  Oounty. 

HEREFORD. 

Contents  of  Parliamentary  County. 

The  administrative  county  of  Hereford. 


502      REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(1)  ENGLAND,  EXCLUDING  MONMOUTHSHIRE— continued. 

Total  number  of  Members  for  Parliamentary  County. 

Two, 

Names  of  Divisions  of 
Parliamentary  County.  Contents  or  Boundaries  of  Divisions. 

HEREFOKD. 

The  rural  districts  of  Dore,  Boss,  and  Whitchurch, 
the  part  of  each  of  the  rural  districts  of  Hereford 
and  Ledbuiy  which  is  not  included  in  the  Leo- 
minster  Division,  the  municipal  borough  of  Here- 
ford, and  the  urban  districts  of  Ledbury  and  Ross. 

LEOMINSTER. 

The  rural  districts  of  Bredwardine,  Bromyard, 
Kington,  Leominster,  Weobley,  and  Wigmore,  the 
part  of  the  rural  district  of  Hereford  which  consists 
of  the  civil  parishes  of  Bartestree,  Breinton,  Burg- 
hill,  Credenhill,  Dinmore,  Holmer,  Kenchester, 
Lugwardine,  Harden,  Moreton-on-Lugg,  Pipe  and 
Lyde,  Preston  Wynne,  Stretton  Sugwas,  Sutton, 
Wellington,  Westhide,  Weston  Beggard,  and  With- 
ington,  the  part  of  the  rural  district  of  Ledbury 
which  consists  of  the  civil  parishes  of  Ashperton, 
Bosbury,  Canon  Frome,  Castle  Prome,  Coddington, 
Colwall,  Egleton,  Mathon  Rural,  Munsley,  Pixley, 
Stretton  Grandison,  Tarrington,  and  Yarkhill,  the 
municipal  borough  of  Leominster,  and  the  urban 
districts  of  Bromyard  and  Kington. 


Name  of  Parliamentary  County. 

HERTFORD, 

Contents  of  Parliamentary  County. 

The  administrative  county  of  Hertford. 

Total  number  of  Members  for  Parliamentary  Oounty. 

Five. 


PARLIAMENTARY  COUNTIES.  503 

(1)  ENGLAND,  EXCLUDING  MONMOUTHSHIRE— continued 

Names  of  Divisions  of 
Parliamentary  County.  Contents  or  Boundaries  of  Divisions. 

HEMEL  HEMPSTED. 

The  rural  districts  of  Berkhampstead  and  Hemel 
Hempstead,  the  part  of  the  rural  district  of  St. 
Albans  which  consists  of  the  civil  parishes  of  Har- 
penden  Rural,  Redbourn,  and  Wheathampetead,  the 
part  of  the  rural  district  of  Watford  which  consists 
of  the  civil  parishes  of  Abbots  Langley  and  Sarratt, 
the  municipal  borough  of  Hemel  Hemps  ted,  and  the 
urban  districts  of  Great  Berkhampstead,  Harpen- 
den,  and  Tring. 

HERTFORD  . 

The  rural  districts  of  Hadham  and  Ware,  the  part  of 
the  rural  district  of  Hertford  which  is  not  included 
in  the  Hitchin  Division,  the  municipal  borough  of 
Hertford,  and  the  urban  districts  of  Bishops  Stort- 
ford,  Cheshunt,  Hoddesdon,  Sawbridge worth,  and 
Ware. 

HITCHIN. 

The  rural  districts  of  Ashwell,  Buntingford, 
Hitchin,  and  Welwyn,  the  part  of  the  rural  district 
of  Hertford  which  consists  of  the  civil  parishes  of 
Aston,  Bennington,  Datchworth,  Sacombe,  Wai- 
kern,  and  Watton  at  Stone,  and  the  urban  districts 
of  Baldock,  Hitchin,  Royston,  and  Stevenage. 

ST.  ALBANS. 

The  rural  districts  of  Barnet  and  Hatfield,  the  part 

•  of  the  rural  district  of  St.  Albans  which  is  not  in- 

cluded in  the  Hemel  Hempsted  Division,  the  muni- 
cipal borough  of  St.  Albans,  and  the  urban  dis- 
tricts of  Barnet  and  East  Barnet  Valley. 

WATFORD. 

The  part  of  the  rural  district  of  Watford  which 
is  not  included  in  the  Hemel  Hempsted  Division, 
and  the  urban  districts  of  Bushey,  Chorleywood, 
Rickmansworth,  and  Watford. 


504      REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(.1)  ENGLAND,  EXCLUDING  MONMOUTHSHIRE— continued. 

Name  of  Parliamentary  County. 

HOLLAND  WITH  BOSTON. 

Contents  of  Parliamentary  Comity. 

The  administrative  county  of  the  Parts  of  Holland. 

Total  number  of  Members  fo'r  Parliamentary  County. 

One. 

Names  of  Divisions  of 
Parliamentary  County.  Contents  or  Boundaries  of  Divisions. 


of  Parliamentary  County. 

HUNTINGDON. 

Contents  of  Parliamentary  County. 
The  administrative  county  of  Huntingdon. 

Total  number  O'f  Members  for  Parliamentary  County. 

One. 

Names  of  Divisions  of 
Parliamentary  County.  Contents  w  Boundaries  of  Divisions. 


Name  of  Parliamentary  County. 

ISLE  OF  ELY. 

\Oontents  of  Parliamentary  County. 

The  administrative  county  of  the  Isle  of  Ely. 

Total  number  of  Members  for  Parliamentary  County. 

One. 

Names  of  Divisions  of 
Parliamentary  County.  Contents  or  Boundaries  of  Divisions. 


PARLIAMENTARY  COUNTIES.  505 

(1)  ENGLAND,,  EXCLUDING  MONMOUTHSHIRE — continued. 

Name  of  Parliamentary  County. 

ISLE  OF  WIGHT. 

Contents  of  Parliamentary  County. 

The  administrative  county  of  the  Isle  of  Wight. 

Total  number  of  Members  -for  Parliamentary  County. 

One. 

Names  oj  Divisions  of 
Parliamentary  Co,unty.  Contents  or  Boundaries  of  Divisions. 


Name  of  Parliamentary  County. 

KENT. 

Contents  of  Parliamentary  County. 

The  administrative  county  of  Kent  (exclusive  of  the  parts  thereof 
comprised  in  parliamentary  boroughs)  and  the  county  borough 
of  Canterbury. 

Total  number  of  Members  f&r  Parliamentary  County. 

Eleven. 

Name*  of  Divisions  of 
Parliamentary  County.  Contents  or  Boundaries  of  Divisions. 

ASHFORD. 

The  rural  districts  of  Cranbrook,  East  Ashford, 
Romney  Marsh,  Tenterden,  and  West  Ashford,  the 
municipal  boroughs  of  Lydd,  New  Romney,  and 
Tenterden,  and  the  urban  district  of  Ashford. 

CANTERBURY. 

The  rural  districts  of  Bridge  and  Elham,  the  rural 
district  of  Blean  (with  the  detached  parts  of  the 
civil  parishes  of  Dunkirk  and  Hernhill  which  are 
wholly  surrounded  by  that  rural  district),  the  county 
borough  of  Canterbury,  and  the  urban  districts  of 
Herne  Bay  and  Whitstable. 


506      REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(1)  ENGLAND,  EXCLUDING  MONMOUTHSHIRE— continued*. 

CHISLEHURST. 

The  rural  district  of  Bromley,  the  part  of  the  rural 
district  of  Dartford  which  is  not  included  in  the 
Dartford  Division,  and  the  urban  districts  of 
Chislehurst  and  Foots  Cray. 

DARTFORD  . 

The  part  of  the  rural  district  of  Dartford  which 
consists  of  the  civil  parishes  of  Crayford,  Stone,  and 
Swanscombe,  and  the  urban  districts  of  Bexley, 
Dartford;  and  Erith. 

DOVER. 

The  rural  districts  of  Dover  and  Eastry,  the  muni- 
cipal boroughs  of  Deal  and  Dover,  and  the  urban 
district  of  Walmer. 

PAVERSHAM. 

The  rural  districts  of  Milton  and  Sheppey,  the 
rural .  district  of  Faversham  (except  the  detached 
parts  of  the  civil  parishes  of  Dunkirk  and  Hern- 
hill  which  are  wholly  surrounded  by  the  rural  dis- 
trict of  Blean),  the  municipal  boroughs  of  Faver- 
sham and  Queenbo rough,  and  the  urban  districts 
of  Milton  Regis,  Sheerness,  and  Sittingbotirne. 

GRAVESEND. 

The  rural  districts  of  Hoo  and  Strood,  the  muni- 
cipal borough  of  Gravesend,  and  the  urban  dis- 
trict of  Northfleet. 

ISLE  OF  THANET. 

The  rural  district  of  the  Isle  of  Thanet,  the  muni- 
cipal boroughs  of  Margate,  Ramsgate,  and  Sand- 
wich, and  the  urban  district  of  Broadstairs  and  St. 
Peters. 

MAIDSTONE. 

The  rural  districts  of  Hollingbourne  and  Maid- 
stone,  and  the  municipal  borough  of  Maidstone. 


PARLIAMENTARY  COUNTIES.  507 

(1)  ENGLAND,  EXCLUDING  MONMOUTHSHIRE— continued. 

SEVENOAKS. 

The  rural  districts  of  Mailing  and  Sevenoaks,  and 
the  urban  districts  of  Sevenoaks  and  Wrotham. 

TONBRIDGE. 

The  rural  district  of  Tonbridge,  the  municipal 
borough  of  Tunbridge  Wells,  and  the  urban  dis- 
tricts of  Southborough  and  Tonbridge. 

Name  of  Parliamentary  County. 

PARTS  OF  KESTEVEN,  AND  RUTLAND. 

Contents  of  Parliamentary  County. 

The  administrative  county  of  the  Parts  of  Kesteven  (exclusive  of 
the  part  thereof  comprised  in  the  parliamentary  borough  of 
Lincoln),  and  the  administrative  county  of  Rutland. 

Total  Dumber  of  Members  for  Parliamentary  Ctotmty. 

Two. 

Names  of  Divisions  of 

Parliamentary  Cpiunty.  Contents  or  Boundaries  of  Divisions. 

GRANTHAM. 

The  rural  districts  of  Branston,  Claypole,  and  Slea- 
ford,  the  part  of  the  rural  district  of  Grantham 
which  consists  of  the  civil  parishes  of  Ancaster, 
Barrowby,  Belton,  Carlton  Scroop,  Groat  Goner  by, 
Harrowby  Without,  Heydour,  Honington,  Hough- 
on-the-Hill,  Londonthorpe,  Manthorpe,  Norman- 
ton,  Welby,  and  the  detached  part  of  the  civil  parish 
of  Spittlegato  Without  which  is  wholly  surrounded 
by  the  municipal  borough  of  Grantham ,  the  muni- 
cipal borough  of  Grantham,  and  the  urban  districts 
of  Ruskington  and  Sleaford. 

RUTLAND  AND  STAMFORD. 

The  whole  of  the  administrative  county  of  Rutland, 
the  rural  districts  of  Bourne  and  Uffington,  the  part 
of  the  rural  district  of  Grantham  which  is  not  in- 


508      REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

^1)  ENGLAND,  EXCLUDING  MONMOUTHSHIRE — continued. 

eluded  in  the  Grantham  Division,  the  municipal 
borough  of  Stamford,  and  the  urban  district  of 
Bourne. 

Name  of  Parliamentary  County. 

LANCASTER. 

Contents  of  Parliamentary  County. 

The  administrative  county  of  Lancaster  exclusive  of  the  parts 
thereof  comprised  in  parliamentary  boroughs. 

Total  number  of  Members  for  Parliamentary  Oo-unty. 

Eighteen . 

Names  of  Divisions  of 

Parliamentary  Oo-unty .  Contents  or  Boundaries  of  Divisions. 

CHORLEY. 

The  rural  district  of  Chorley,  the  part  of  the  rural 
district  of  Wigan  which  consists  of  the  civil  parishes 
of  Haigh,  Parbold,  Worthington,  and  Wrighting- 
ton,  the  municipal  borough  of  Chorley,  and  the 
urban  districts  of  Adlington,  Croston,  Leyland,  and 
Withnell. 

CLITHEROE. 

The  rural  district  of  Burnley  (except  the  detached 
part  of  the  civil  parish  of  Foulridge  which  is  in- 
cluded in  the  parliamentary  borough  of  Nelson  and 
Colne),  the  rural  district  of  Clitheroe,  the  muni- 
cipal borough  of  Clitheroe,  and  the  urban  districts 
of  Great  Harwood  and  Padiham. 

DA  R  WEN. 

The  rural  district  of  Blackburn,  the  municipal 
borough  of  Darwen,  and  the  urban  district  of 
Turton. 

PARN  WORTH. 

The  part  of  the  rural  district  of  Barton-upon 
Irwell  which  consists  of  the  civil  parish  of  Clifton, 


PARLIAMENTARY  COUNTIES.  009 

(1)  ENGLAND,  EXCLUDING  MONMOUTHSHIRE — continued. 

the  part  of  the  rural  district  of  Bury  which  con- 
sists of  the  civil  parishes  of  Ainsworth  and  Out- 
wood,  and  the  urban  districts  of  Famworth,  Kears- 
ley,  Little  Hulton,  Little  Lever,  and  Worsley. 

FYLDE. 

The  rural  district  of  Fylde  (except  the  part  of  the 
civil  parish  of  Carleton  which  is  included  in  the 
parliamentary  borough  of  Blackpool),  the  rural  dis- 
trict of  Preston,  and  the  urban  districts  of  Fleet- 
wood,  Kirkham,  Longridge,  Poulton-le- Fylde, 
Thornton,  and  Walton-le-Dale. 

HEYWOOD  AND  RADCLIFFE. 

The  part  of  the  rural  district  of  Bury  which  is  not 
included  in  the  Famworth  Division,  the  municipal 
borough  of  Hey  wood,  and  the  urban  districts  of 
Radcliffe,  Harnsbottom,  and  Whitefield. 

INCE. 

The  part  of  the  rural  district  of  Wigan  which  con- 
sists of  the  civil  parish  of  Shevington,  and  the  urban 
districts  of  Abram,  Ashton-in-Makerfield,  Billinge, 
Ince-in-Makerfield,  Orrell,  .and  Standish-with 
Langtree . 

LANCASTER. 

The  rural  district  of  Garstang,  the  part  of  the  rural 
district  of  Lancaster  which  is  not  included  in  the 
Lonsdale  Division,  the  municipal  boroughs  of  Lan- 
caster and  Morecambe,  and  the  urban  districts  of 
Heysham  and  Preesall. 

LONSDALE . 

The  rural  districts  of  Lunesdale  and  Ulverston,  the 
detached  part  pf  the  rural  district  of  Lancaster  which 
is  situated  north  of  the  municipal  boroughs  of  Lan- 
caster and  Morecambe,  and  the  urban  districts  of 
Carnforth,  Dalton-in-Furness,  Grange,  and  Ulver- 
ston. 


510      REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(1)  ENGLAND,  EXCLUDING  MONMOUTHSHIRE — continued. 

MlDDLETON   AND    PnESTWICH. 

The  municipal  borough  of  Middleton,  and  the  urban 
districts  of  Chadderton  and  Prestwich. 

MOSSLEY. 

The  rural  district  of  Limehurst,  the  municipal 
borough  of  Mossley,  and  the  urban  districts  of 
Audenshaw,  Denton,  Droylsden,  Failsworth,  and 

Lees. 

NEWTON. 

The  rural  district  of  Warrington,  the  rural  district 
of  Leigh  (except  the  civil  parish  of  Astley),  and 
the  urban  districts  of  Golborne,  Haydock,  and 
Newton -in-Makerfield . 

ORMSKIRK. 

The  rural  districts  of  Sefton  and  West  Lancashire, 
the  part  of  the  rural  district  of  Wigan  which  con- 
sists of  the  civil  parish  of  Dalton,  and  the  urban 
districts  of  Eormby,  Lathom-with-Burscough, 
Ormskirk,  Rainford,  Skelmersdale,  and  Upholland. 

ROYTON. 

The  urban  districts  of  Crompton,  Littleborough, 
Milnrow,  Norden,  Royton,  Wardle,  and  Whitworth. 

STRETFORD . 

The  rural  district  of  Barton -upon-Irwell  (except 
the  civil  parish  of  Clifton),  the  part  of  the  rural 
district  of  Leigh  which  consists  of  the  civil  parish 
of  Astley,  and  the  urban  districts  of  Irlam,  Stret- 
ford,  and  Urmston. 

WATERLOO. 

The  urban  districts  of  Great  Crosby,  Litherland, 
Little  Crosby,  and  Waterloo-with-Seaforth. 

WESTHOUGHTON  . 

The  urban  districts  of  Aspull,  Blackrod.  Hindley, 
Horwich,  and  Westhoughton. 


PARLIAMENTARY  COUNTIES.  511 

(1)  ENGLAND,  EXCLUDING  MONMOUTHSHIRE — continued. 

WIDNES. 

The  rural  district  of  Whiston,  the  municipal 
borough  of  Widnes,  and  the  urban  districts  of 
Huytxm-with-Koby  and  Prescot. 

Name  of  Parliamentary  County. 

LEICESTEB. 

Contents  of  Parliamentary  County. 

The  administrative  county  of  Leicester. 

Total  n\umber  of  Members  for  Parliamentary  County. 

Four. 

Names  of  Divisions  of 

Parliamentary  County.  Contents  or  'Boundaries  of  Divisions. 

BOSWORTH. 

The  rural  districts  of  Hinckley  and  Market  Bos- 
worth,  the  part  of  the  rural  district  of  Ashby-de- 
la-Zouch  which  consists  of  the  civil  parish  of 
Bardon,  and  the  urban  districts  of  Coalville  and 
Hinckley. 
HARBOROUGH. 

The  rural  districts  of  Blaby,  Hallaton,  Lutter- 
worth,  and  Market  Harborough,  and  the  urban  dis- 
tricts of  Market  Harborough,  Oadby,  and  Wigston 
Magna. 

LOUGHBO  ROUGH . 

The  rural  districts  of  Castle  Donington  and  Lough- 
borough,  the  part  of  the  rural  district  of  Ashby-de- 
la-Zouch  which  is  not  included  in  the  Bosworth 
Division,  the  municipal  borough  of  Loughborough, 
and  the  urban  districts  of  Ashby-de-la-r-Zouch, 
Ashby  Woulds,  and  Shepshed . 
MELTON. 

The  rural  districts  of  Barrow-upon-Soar,  Belvoir, 
Billesdon,  and  Melton  Mowbray,  and  the  urban  dis- 
tricts of  Melton  Mowbray,  Quorndon,  and  Thur- 
maston . 


512  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(1)  ENGLAND,  EXCLUDING  MONMOUTHSHIRE — continued. 

Name  of  Parliamentary  Co\unty. 

PARTS  OF  LINDSEY. 

Contents  of  Parliamentary  C&unty. 

The  administrative  county  of  the  parts  of  Lindsey  exclusive  of  the 
part  thereof  comprised  in  the  parliamentary  borough  of 
Grimsby. 

Total  number  of  Members  for  Parliamentary  County. 

Four. 

Names  of  Divisions  of 

Parliamentary  County,  Contents  or  Boundaries  of  Divisions. 

BRIGG. 

The  rural  district  of  Glanford  Brigg,  and  the  urban 
districts  of  Barton-upon-Humber,  Brigg,  Brough- 
ton,  Brumby  and  Frodingham,  Roxby-cum-Risby, 
Scunthorpe,  and  Winterton. 
GAINSBOROUGH. 

The  rural  districts  of  Gainsborough,  Isle  of  Ax- 
holme,  and  Welton,  and  the  urban  districts  of 
Crowle  and  Gainsborough . 

HORNCASTLE . 

The  rural  districts  of  Horncastle,  Sibsey,  and 
Spilsby,  and  the  urban  districts  of  Alford,  Horn- 
castle,  Skegness,  and  Woodhall  Spa. 

LOUTH. 

The  rural  districts  of  Caistor,  Grimsby,  and  Louth, 
the  municipal  borough  of  Louth,  and  the  urban  dis- 
tricts of  Mablethorpe  and  Market  Rasen. 

Name  of  Parliamentary  County, 

MIDDLESEX. 

Contents  of  Parliamentary  C&unty. 

The  administrative  county  of  Middlesex  exclusive  of  the  parts 
thereof  comprised  in  parliamentary  boroughs. 


PARLIAMENTARY  COUNTIES.  *  513 

(1)  ENGLAND,  EXCLUDING  MONMOUTHSHIRE — continued. 

Total  vwimber  of  Members  -for  Parliamentary  Oounty. 

Ten. 

Names  k>f  Division^  otf 

Parliamentary  (?p\unty.  Contents  or  Boundaries  of  Divisions. 

ACTON  . 

The  urban  district  of  Acton. 

BRENTFORD  AND  CHISWICK. 

The  urban  districts  of  Brentford  and  Chiswick. 

ENFIELD  . 

The  rural  district  of  South  Mimms  and  the  urban 
district  of  Enfield. 

FlNCHLEY. 

The  urban  districts  of  Finchley  and  Friern  Barnet. 

HARROW. 

The  urban  districts  of  Greenf  ord,  Hanwell,  Harrow- 
on-the-Hill,  Wealdstone,  and  Wembley. 

HEN  DON. 

The  rural  district  of  Hendon,  and  the  urban  districts 
of  Hendon  and  Kingsbury. 

SPELTHORNE  . 

The  rural  district  of  Staincs,  and  the  urban  dis- 
tricts of  Feltham,  Hampton,  Hampton  Wick, 
Staines,  Sunbury-on-Thames,  and  Teddington. 

TWICKENHAM. 

The  urban  districts  of  Heston  and  Isleworth  and 
Twickenham . 

UXBRIDGE. 

The  rural  district  of  Uxbridge,  and  the  urban  dis- 
tricts of  Hayes,  Ruislrp-Northwood,  Southall- 
Norwood,  Uxbridge,  and  Yiewsley. 

WOOD  GREEN. 

The  urban  districts  of  Southgate  and  Wood  Green. 

F.  33 


« 


514  REPRESENTATION  OF  THE  PEOPLE  ACT,   1918. 

'  (1)  ENGLAND,  EXCLUDING  MONMOUTHSHIRE— continued'. 
Nfine  of  Parliamentary  County. 

NOBFOLK. 

Contents  of  Parliamentary  County. 

The  administrative  county  of  Norfolk. 
Total  Dumber  of  Members  for  Parliamentary  Oounty. 

Five. 

Names  of  Divisions  of 

Parliamentary  County.  Contents  or  Boundaries  of  Divisions. 

EASTERN. 

The  rural  districts  of  East  and  West  Flegg,  Loddon 
and  Clavering,  St.  Faith's,  Smallburgh,  and  Bio- 
field  (including  the  area,  wholly  surrounded  by  the 
county  borough  of  Norwich,  in  which  stand  the 
shire  hall,  county  police  station  and  other  county 
buildings),  and  the  urban  district  of  North  Wals- 
ham. 

KING'S  LYNN. 

The  rural  districts  of  Docking,  Freebridge  Lynn, 
King's  Lynn,  and  Marshland  (except  the  civil 
parishes  of  Outwell  and  Upwell),  the  part  of  the 
rural  district  of  Downham  which  consists  of  the  civil 
parishes  of  Wiggenhall  St.  Germans,  Wiggenhall 
St.  Mary  the  Virgin,  Wiggenhall  St.  Mary  Mag- 
dalen, and  Wiggenhall  St.  Peter,  the  municipal 
borough  of  King's  Lynn,  and  the  urban  districts 
of  New  Hunstanton  and  Walsoken. 

NORTHERN. 

The  rural  districts  of  Aylsham,  Erpingham,  and 
Walsingham,  and  the  urban  districts  of  Cromer, 
Sheringham,  and  Wells. 

vSOTJTHERN. 

The  rural  districts  of  Depwade,  Forehoe,  Hcnstead, 
and  Wayland,  the  part  of  the  rural  district  of  Thet- 


PARLIAMENTARY  COUNTIES.  515 

(1)  ENGLAND,  EXCLUDING  MONMOUTHSHIRE — continued. 

ford  which  is  not  included  in  the  South- Western 
Division,  and  the  urban  district  of  Diss. 
SOUTH-WESTERN  . 

The  rural  districts  of  Mitford  and  Launditdi  and 
S  waff  ham,  the  part  of  the  rural  district  of  Down- 
ham  which  is  not  included  in  the  King's  Lynn 
Division,  the  part  of  the  rural  district  of  Marshland 
which  consists  of  the  civil  parishes  of  Outwell  and 
Up  well,  the  part  of  the  rural  district  of  Thetford 
which  consists  of  the  civil  parishes  of  Cranwich, 
Feltwell.  Feltwell  Anchor,  Hockwold-cum- Wilton, 
Lynford,  Methwold,  Mundford,  Northwold,  Santon, 
Weeting  with  Bromehill,  and  West  Tofts,  the  muni- 
cipal borough  of  Thetford,  and  the  urban  districte 
of  Downham  Market,  East  Dereham,  and  Swaff- 
ham . 

Name  of  Parliamentary  County. 

NORTHAMPTON,  WITH  THE  SOKE  OF  PETER- 
BOEOUGH. 

Contents  of  Parliamentary  Co\unty. 

The  administrative  counties  of  Northampton  and  the  soke  of 
Peterborough. 

Total  Dumber  of  Members  for  Parliamentary  County. 

Four. 

Names  of  Divisions  of 

Parliamentary  Coymty.  Contents  or  Boundaries  of  Divisions. 

DAVENTRY. 

The  rural  districts  of  Brackley,  Crick,  Daventry, 
Hardingstone,  Middleton  Cheney,  Potterspury,  and 
Towcester,  the  part  of  the  rural  district  of  North- 
ampton which  is  not  included  in  the  Kettering 
Division,  and  the  municipal  boroughs  of  Brackley 
and  Daventry. 

33  (2) 


516  REPRESENTATION  OF  THE  PEOPLE  ACT,  1918. 

(1)  ENGLAND,  EXCLUDING  MONMOUTHSHIRE— continued. 

KETTERING. 

The  rural  districts  of  Brix worth,  Kettering,  and 
Oxendon,  the  part  of  the  rural  district  of  North-" 
amp  ton  which  consists  of  the  civil  parishes  of  Great 
Billing,  Little  Billing,  and  Weston  Favell,  and  the 
urban  districts  of  Desborough,  Kettering,  and  Both- 
well. 

PETERBOROUGH  . 

The  administrative  county  of  the  soke  of  Peter- 
borough, the  rural  districts  of  Easton-on-the-Hill 
and  Gretton,  the  part  of  the  rural  district  of  Oundle 
which  is  within  the  administrative  county  of  North- 
ampton, that  part  of  the  rural  district  of  Thrapston 
which  is  within  the  administrative  county  of  North- 
ampton and  is  not  included  in  t